This article has been written by Mr. Rishav narwariya, a 3rd  year BALLB Student from Svkm’s Nmims indore college

Introduction

Offences affecting life are some of the most heinous crimes under Indian law. These offences include murder, culpable homicide, and attempted murder, and are punishable with severe penalties to ensure that justice is served. This article will discuss various offences affecting human life, providing relevant Indian case law to highlight the severity of these crimes.

Murder

Murder is the most serious offence under Indian law that affects human life. The Indian Penal Code (IPC) defines murder under section 300 as the intentional killing of a person. A person convicted of murder can be punished with the death penalty or imprisonment for life.

One of the most notorious murder cases in India is the Nirbhaya case. In December 2012, a 23-year-old medical student was brutally raped and murdered in a moving bus in Delhi. The case received widespread media coverage and sparked nationwide protests. The accused were found guilty of murder, rape, and other charges, and were sentenced to death by hanging. The case brought the issue of women’s safety to the forefront of public consciousness in India and led to the introduction of stricter laws against sexual assault.

Another high-profile murder case is the Aarushi Talwar murder case. In May 2008, Aarushi Talwar, a 14-year-old girl, was found murdered in her bedroom in Noida, Uttar Pradesh. The case became sensationalized due to the involvement of her parents in the murder. The accused, Aarushi’s parents, were convicted of murder and sentenced to life imprisonment. However, the case remains controversial, with many questions surrounding the investigation and the evidence presented.

Culpable Homicide

Culpable homicide is the act of causing the death of a person without the intention of killing them. Culpable homicide can be divided into two categories: culpable homicide not amounting to murder and death caused by negligence.

Culpable homicide not amounting to murder is defined under section 299 of the IPC. A person convicted of culpable homicide not amounting to murder can be punished with imprisonment for up to 10 years. In cases where the act causing death is committed without the intention of causing death, the punishment is imprisonment for up to 10 years or a fine, or both.

In the case of State of Maharashtra v. Ravikant S. Patil, the accused had assaulted the victim, causing his death. The accused was charged with culpable homicide not amounting to murder under section 304 of the IPC. The court held that the accused had indeed caused the death of the victim and sentenced him to imprisonment for five years.

Death Caused by Negligence

Death caused by negligence is the act of causing the death of a person due to negligence or carelessness. This offence is defined under section 304A of the IPC. A person convicted of death caused by negligence can be punished with imprisonment for up to two years or a fine, or both.

In the case of State of Himachal Pradesh v. Sanjay Kumar, the accused had driven a truck rashly and negligently, causing the death of a person. The accused was charged with death caused by negligence under section 304A of the IPC. The court held that the accused had indeed caused the death of the victim due to negligence and sentenced him to imprisonment for one year.

Attempted Murder

Attempted murder is the act of attempting to kill a person. This offence is defined under section 307 of the IPC. A person convicted of attempted murder can be punished with imprisonment for up to 10 years. If the person who attempted to murder a person is a public servant, a member of the armed forces, or a police officer, the punishment can be imprisonment for life.

In the case of State of Maharashtra v. Mohd. Ajmal Mohd. Amir Kasab, the accused was one of the terrorists involved in the 2008 Mumbai attacks. The accused was found guilty of attempted murder under section 307 of the IPC, among other charges, and was sentenced to death. The case received widespread media coverage and highlighted the need for stricter anti-terrorism laws in India.

Causing Grievous Hurt

Causing grievous hurt is the act of causing severe injury or harm to a person. This offence is defined under section 320 of the IPC. A person convicted of causing grievous hurt can be punished with imprisonment for up to seven years.

In the case of Prabhakaran v. State of Kerala, the accused had caused severe injuries to the victim, including multiple fractures and internal injuries. The accused was charged with causing grievous hurt under section 320 of the IPC. The court held that the injuries inflicted on the victim were severe and sentenced the accused to imprisonment for six years.

Dowry Death

Dowry death is the act of causing the death of a woman due to dowry-related harassment or cruelty. This offence is defined under section 304B of the IPC. A person convicted of dowry death can be punished with imprisonment for a term of not less than seven years, which may extend to life imprisonment.

In the case of State of Punjab v. Iqbal Singh, the accused had subjected his wife to dowry-related harassment and cruelty, which led to her death. The accused was charged with dowry death under section 304B of the IPC. The court held that the accused had indeed caused the death of his wife due to dowry-related harassment and sentenced him to life imprisonment.

Conclusion

Offences affecting human life are some of the most serious crimes under Indian law. The Indian Penal Code provides for strict punishment for these offences to ensure that justice is served. The cases discussed in this article highlight the severity of these crimes and the need for stricter laws to prevent them. It is the responsibility of every citizen to promote safety and security in society and to report any crimes to the authorities to prevent further harm.