Homicide Law in Nepal

Introduction

In human lives, life and death are vital, which is why they have an equal role in criminal law. If a person commits murder, attempts to commit murder, or assists in the commission of such an act, they will face the most prison sentence under criminal law. When life ceases to exist, so will humanity and life.

That is why people prioritise their own survival before pursuing other goals. Life-related offences have a unique role in the criminal law system. In this regard, culpable homicide is a highly delicate, complex, and terrible offences.

Homicide Law in Nepal

Introduction.

Life and death are important in our lives, which is why they are treated equally in criminal law. If a person commits murder, attempts to commit murder, or aids in the commission of such an act, they will receive the harshest jail sentence under criminal law. Lawful homicide is a legally recognised crime.

• It covers both excusable and justifiable homicide.
  
• Unlawful homicide: a crime punishable by law if found guilty of murder or aiding in murder.
• In our legal framework, responsible homicide is regarded as unlawful homicide.
• This type of crime is sometimes referred to as punishable, criminal, or blameworthy homicide.

Definition of Culpable Homicide

• The unlawful killing of a person is considered culpable homicide. This is the most serious crime under criminal law. Because other crimes, with the same amount of loss or injury, can be fulfilled or overcome, but this one cannot. Once life is gone, it will never return. As this is outside the scope of human capacity.
• There are several factors that might be used to assess whether a homicide is accountable or not.
• Similarly, thieves use this method to take life. Preparation by the criminal for murder, connection between offender and victim,
• Whether or not the weapon was stabbed multiple times while killing the life, whether or not the criminal intended to take the life, the cause of death, and so on.
• determines the severity of crime.
• To be considered a responsible crime, the murderer must have had the desire to kill or kill with extreme emotion, or it must have been an accidental or mitigated homicide.
• In Nepali legal provisions, culpable homicide has been classified in the following manner:
• There are several factors that might be used to assess whether a homicide is accountable or not.
• Similarly, thieves use this method to take life. Preparation by the criminal for murder, connection between offender and victim,
• Whether or not the weapon was stabbed multiple times while killing the life, whether or not the criminal intended to take the life, the cause of death, and so on.
• determines the severity of crime. To be considered a responsible crime, the murderer must have had the desire to kill or kill with extreme emotion, or it must have been an accidental or mitigated homicide.
• In Nepali legal provisions, culpable homicide has been classified in the following manner:
• Section 177 of the Criminal Code of 2074 covers offences related to the human body. Prohibition of intentional homicide: (1) No individual shall intentionally kill or cause the death of another person.
  Committing a crime that leads to the death of a person is considered a criminal act. Individuals who commit or cause a crime are sentenced to life imprisonment.
• If a person dies without intending to commit a crime, the criminal intention is considered accomplished.
• Intention refers to premeditated murder with knowledge of the potential outcome. If A buys khukuri to kill B and subsequently stabs him, it is considered murder with purpose.
• If intention cannot be determined, it must be established by circumstantial evidence. Motive and intention may appear similar, yet they have different meanings.
• Intention is a desire to do something, whereas motive indicates both positive and negative conditions. Assume A murders B and distributes riches with a good motive, but the law only punishes the intention.
• Motive has no place in the law, although it can be used to reduce penalty. Negligence plays an important role in criminal intent.
• If a person is aware of the outcome yet does not take action, it is considered a reckless act. Negligence and recklessness are terms used to describe such mental states. 
• Negligence can also be defined as unreasonable risk taking.

• Intentional recklessness differs from negligence. This form of crime occurs when the accused has no intention of causing harm and is unaware of the consequences of their actions.

• Others evaluate the person’s actions.

• If the person is discovered to be wrong, blame them for negligence. If the conclusion is found close right, it will be classified as an accident.

• The approach of judging the accused act is known as broad understanding, or a reasonable test. Also known as objective evaluation.
• Death by strong provocation or in the heat of fury.
• Section 179 of the Criminal Code of 2074 prohibits causing death through grave provocation or hit in anger.

Circumstances are stated for the above-mentioned offence;

• Loss of self-control b. Good faith defense c. Instant death due to a sudden conflict
• In India and Britain, legal provisions can reduce jail terms for this type of crime.
• However, in Nepali criminal law, in order for this type of crime to occur, the circumstances must be written into the law; otherwise, it will be considered intentional homicide.
• The Supreme Court has covered the use of objects in this type of crime, such as a stick, pencil, wood, and so on.

Similarly,

• Anger must be unrestrained in that moment.
• They must have used lesser weaponry.
• Death within the time limit prescribed by law
• No intention to murder
• Must be hit from behind.
• Must not have administered poison.

Accidental homicide or Bhabitabya Hatya

In this circumstance, the wrongdoer is released from penalty.

This is an excusable crime. Because the offender’s crime did not constitute a criminal conduct and lacked criminal intent.

This principal is not charged with culpable homicide in other legal systems. However, in Nepal’s legal system, it is classified as third-degree culpable homicide.

Under Criminal Code 2074 section 182(3), if a person commits an act that is less likely to cause death and causes the death of another person by accident, that person shall be sentenced to imprisonment for six months to two years or a fine of not more than twenty thousand rupees, or both sentences.

Mitigated homicide.

The type of crime that can lead to reduced prison term.

In Britain, this is referred to as manslaughter, whereas in India it is called culpable homicide. However, the Nepalese legal system does not address this issue.

Even after the court acknowledged the provision, there was a lack of law to allow it to work.

However, Criminal Code 2074, Chapter 4, Section 39, includes factors that reduce the severity of a crime. Additionally, the following elements can help reduce the severity of the offence:

• The perpetrator is under 18 or over 75 years of age.
• The offender did not intend to commit the offence.
• The offender was provoked or threatened before to committing the offence.
• The offence was committed in retribution for a serious offence against the offender or their close relations.
• The perpetrator admitted or expressed remorse for their actions.
• The perpetrator submitted to the concerned authority.
• The criminal has confessed and promised to compensate the victim.
• The offender’s capacity is diminished due to physical, mental, or impairment.
• Minimal loss or injury to the sufferer or society.
• The criminal assisted the judicial process by telling the truth in court.
• The offender has admitted guilt and pledged not to conduct another crime in the future.
• The offence was done at the request or under the influence of another person.

The following are the mitigating crimes.

• Neglecting responsibility
• Suicide pact
• Excessive Private Defense
• Infanticide v. Intoxication
• Syndrome of battered women and societal stress.

Legal provisions for culpable homicide instances.

Jurisdiction.

Section 2 of the Criminal Code of 2074 penalises extraterritorial offences committed outside of Nepal. And the case is filed in the same district where the incident occurred.

Locus standi

The constitution and legal statutes grant individuals the ability to file cases and respond to violations of their rights. Power of attorney is not granted in criminal proceedings, save in certain circumstances.

Under Section 43 of the Criminal Procedure Act of 2074, the following individuals may submit a case:

• The concerned government attorney.
• The Nepalese government, constitutional body, court, or public authority handling an offense-related case.
• The person has the legal right to file a case over an offence.
• If it is clear from the plaintiff’s claim that the plaintiff’s rights have been violated, it is reasonable to conclude that the individual must have locus standi.

Limitation.

• If a person’s rights are violated or curtailed, they must submit a complaint and claim in court within the legal time limit to safeguard their rights.
• If not claimed within the time limit, the plaint is not filed.
• Limitation is related to natural justice, equality, and public policy.
• Time limitation is believed to be a vital aspect of the law in order to preserve the public’s interests, security, and certainty.

Section 187 of the Criminal Code of 2074 establishes the statute of limitation for offence involving the human body.

There is no statute of limitation for filing a complaint for offences related to causing death, causing death by grave provocation or in heat of passion, causing death of someone other than the intended victim, causing death by recklessness or negligence, causing death of a child, disabled patient, or elderly person under one’s guardianship, or causing death through throwing, abandonment, or neglect.

There is no provision for a complaint after six months from the date of knowledge.

The nature of the culpable homicide case.

It is a government party case, and it is the state’s responsibility to safeguard its citizens. Assuming that a person cannot protect oneself, even if they try, the situation may deteriorate further.

That is why the state is responsible for culpable homicide. It is included in Schedule 1 of the Government Related Cases Act of 2049.

Things to pay attention to in responsible homicide situations

• Format of first information report and preliminary report
• Offender’s statement during criminal investigation
• Date extension
• Report with opinion and evidence evaluation
• Case filing decision
• Charge sheet and document preparation

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