Legal Provisions of Section 305 of Indian Penal Code, 1860.
Abetment of suicide of child or insane person:
The abetment of suicide of a child or an insane person etc. where the abetted person commits suicide has been made an offence under this section. Sections 305 and 306 should be read together. The section says that whoever abets the commission of suicide by any person who is either less than eighteen years of age, or insane, or delirious, or idiot, or in a state of intoxication, and the abetted person commits suicide, shall be punished with death, or imprisonment for life, or imprisonment for a term extending up to ten years, and shall also be liable to fine.
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The person abetted must be a person of under eighteen years of age or he must be insane or delirious or an idiot or he must be in a state of intoxication. The section is attracted only when the person abetted commits suicide. The framers of the Indian Penal Code believed the offence under this section to be very serious and that is why it has been visited with a severe penalty including death. Abetment can be caused by instigation, conspiracy or intentional aiding as provided by section 107 of the Code.
The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by court of session.