This article has been written by Mr.rishav narwariya , a 3rd year BALLB Student from Svkm’s Nmims indore college
Introduction
Murder is one of the most heinous crimes and is punishable under the Indian Penal Code (IPC). The legal definition of murder is provided under Section 300 of the IPC, which defines it as an act of causing the death of another person with the intention of causing death or with knowledge that the act is likely to cause death. The punishment for murder under Indian law is life imprisonment or the death penalty.
The term ‘murder’ has been derived from the German word ‘mord’, which means ‘secret killing.’ This word was adopted into the English language and then into the Indian Penal Code. The crime of murder is not only punishable under the Indian Penal Code but also under other laws such as the Code of Criminal Procedure, Indian Evidence Act, and other local laws.
Legal Definition of Murder
Under Section 300 of the Indian Penal Code, murder is defined as an act of causing the death of another person with the intention of causing death or with knowledge that the act is likely to cause death. The section further divides the offense of murder into two categories – ‘culpable homicide amounting to murder’ and ‘murder.’
Culpable Homicide Amounting to Murder
Section 299 of the Indian Penal Code defines culpable homicide as an act of causing the death of a person when the act is done with the intention of causing death or with knowledge that the act is likely to cause death but is not murder. Culpable homicide is punishable with life imprisonment or imprisonment of up to ten years.
Culpable homicide amounting to murder is defined under Section 300 of the Indian Penal Code. This section states that culpable homicide would amount to murder if it is done with the intention of causing death or with the knowledge that the act is likely to cause death.
Murder
Murder is defined under Section 300 of the Indian Penal Code as an act of causing the death of another person with the intention of causing death or with knowledge that the act is likely to cause death. The punishment for murder under Indian law is life imprisonment or the death penalty.
Indian Case Law on Murder
Nanavati Case
One of the most famous cases related to murder in India is the Nanavati case, which took place in 1959. Naval Commander Kawas Manekshaw Nanavati shot and killed his wife’s lover, Prem Ahuja. The case garnered national attention, and after a series of trials, Nanavati was ultimately acquitted by the Bombay High Court on the grounds of “grave and sudden provocation.”
The Nanavati case was a landmark case in India, and it brought about a significant change in the Indian legal system. The case was the last trial by jury in India and paved the way for a more modern legal system. The case also highlighted the importance of the concept of ‘provocation’ in Indian law.
Nithari Killings Case
The Nithari killings case took place in 2006 and involved the brutal rape and murder of several young girls by a businessman and his domestic servant in Nithari, a suburb of Delhi. The case led to widespread outrage and resulted in the death penalty for both the accused.
The Nithari killings case is a reminder of the severity of the crime of murder and the need for justice for the victims. The case also highlights the importance of a fair and just legal system, where the guilty are punished and the innocent are protected.
Manoj-Babli Honor Killing Case
In the 2010 Manoj-Babli honor killing case, a couple from different castes was brutally murdered by the bride’s family in Haryana. The case led to the significant outrage and sparked a national debate on honor killings in India. The Supreme Court of India intervened in the case and set aside the acquittal of the accused, ordering a retrial. The retrial resulted in the conviction of the accused, and they were sentenced to life imprisonment.
The Manoj-Babli honor killing case highlights the issue of caste-based violence in India and the need for legal reforms to prevent such heinous crimes.
Jessica Lal Murder Case
The Jessica Lal murder case took place in 1999, where a model and bartender, Jessica Lal, was shot dead by a politician’s son at a party in Delhi. The case received significant media attention and led to a public outcry when the accused was initially acquitted by a lower court.
The case was ultimately reopened and retried, and the accused was found guilty and sentenced to life imprisonment. The Jessica Lal murder case brought attention to the issue of judicial accountability and the importance of fair and just trials.
Bhanwari Devi Murder Case
The Bhanwari Devi murder case is a case of honor killing and is one of the most high-profile cases in Rajasthan, India. Bhanwari Devi was a lower-caste woman who worked as a government auxiliary nurse midwife (ANM) in a village in Rajasthan. She was allegedly murdered in 2011 by five men, including the husband of a local Congress party leader and a government employee, after she exposed a child marriage.
The case received widespread media attention and led to protests and outrage across the country. The trial court convicted all the accused, and they were sentenced to life imprisonment.
The Bhanwari Devi murder case highlights the issue of caste-based violence and the need for legal reforms to prevent such crimes.
Sheena Bora Murder Case
The Sheena Bora murder case is a high-profile murder case that took place in Mumbai in 2012. Sheena Bora, the daughter of Indrani Mukerjea, a media executive, was allegedly murdered by her mother, stepfather, and driver, over a property dispute.
The case received significant media attention and led to a public outcry. The trial court convicted all the accused, and they were sentenced to life imprisonment. The Sheena Bora murder case highlights the importance of a fair and impartial investigation and trial, where the guilty are held accountable for their actions.
Nirbhaya Gang Rape and Murder Case
The Nirbhaya gang rape and murder case is one of the most heinous crimes in India’s history. In 2012, a 23-year-old medical student was brutally gang-raped and murdered by six men on a bus in Delhi. The case received widespread media attention and led to nationwide protests and demands for justice. The trial court convicted all the accused, and they were sentenced to death. The case went through several appeals and was ultimately upheld by the Supreme Court of India. The convicts were hanged in 2020, more than seven years after the crime.
The Nirbhaya case highlights the issue of violence against women in India and the need for legal reforms to ensure their safety and security.
Conclusion
Murder is a heinous crime that cannot be tolerated under any circumstances. The Indian legal system has evolved over the years to ensure that justice is served and the guilty are held accountable for their actions. The cases discussed above highlight the importance of a fair and impartial legal system, where the guilty are punished, and the innocent are protected.In conclusion, the Indian legal system must continue to evolve to prevent heinous crimes such as murder, to ensure that the guilty are held accountable and that justice is served for the victims and their families.