Table of Contents
What is homicide?
Homicide is originated from the Latin words “homo” meaning “man” and “caedere” meaning “to kill.” It refers to the killing of the person. In general, homicide is the causing the death of another person.
Under Nepalese law, It is strictly forbidden for any individual to intentionally cause the death of another person or engage in any act that results in another person’s death. It is important to understand that even if a person intentionally inflicts severe bodily injury or harm on someone, which is likely to cause that person’s death, and although the person does not immediately die but passes away later due to the consequences of the injury or harm, the responsible person will be considered as having caused the death of the other person.
The homicide is classified into :
(a) Murder:
Murder is the intentional and unlawful killing of another person with malice aforethought. The malice aforethought is the intention or motive (mens rea) to commit the crime.
(b) Manslaughter:
On the other hand, the manslaughter is the act of killing another human being without the malice aforethought. The mental element i.e. intention may be absence in the manslaughter. The manslaughter can be both voluntary and involuntary.
Voluntary manslaughter is the manslaughter where the killing of another person occurs with the intent to cause harm but lacks premeditation or malice aforethought. The action is sudden and intense emotional response or a provoked reaction that leads unlawful killing.
Involuntary manslaughter is the unintentional killing of the another person as a result of recklessness or negligent behavior. There is no intention to cause harm or killing another person in involuntary manslaughter.
Under The Muluki Criminal Code, 2074 there are five types of crime related to life i.e. an intentional homicide, homicide with knowledge, culpable homicide, culpable homicide by negligence, and culpable homicide by recklessness.
- Voluntary manslaughter:
- Involuntary manslaughter:
Lawful homicide under Nepalese legal system:
Relevant laws:
- Naitonal Penal code, 2074
- National penal procedural code. 2074
- The Criminal Offences (Sentencing and Execution) Act, 2017 (2074)
| S.N. | Types of Homicide | Section | Provision | Punishment |
|---|---|---|---|---|
| 1 | Intentional homicide | 177 | Prohibition of doing act with the intention of causing death (homicide) | Imprisonment for life |
| 178 | Prohibition of doing act likely to cause death | Imprisonment for life | ||
| 2 | Homicide with knowledge | 179 | Prohibition of causing death by grave provocation or in heat of passion | Imprisonment for a term of ten to fifteen years and a fine of one hundred thousand to one hundred fifty thousand rupees |
| 3 | Transfer malice | 180 | Punishment for homicide by causing death of person other than person whose death was intended | Liable to the sentence set forth in Sections 177, 178, and 179 |
| 4 | Culpable homicide by recklessness | 181 | Prohibition of causing death by recklessness | Three to ten years and a fine of thirty thousand to one hundred thousand rupees |
| 5 | Culpable homicide by negligence | 182 | Prohibition of causing death by negligence | Not exceeding three years and a fine not exceeding thirty thousand rupees |
| 6 | Attempt to murder | 183 | Prohibition of committing attempt to murder | Imprisonment not exceeding ten years and a fine not exceeding one hundred thousand rupees |
| 7 | Throw, abandon or desert | 184 | Prohibition on throwing or abandoning person under one’s own guardianship | Imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees |
| 184(3) | Death caused of the abandoned person | Imprisonment for a term not exceeding seven years and a fine not exceeding seventy thousand rupees | ||
| 8 | Abet other person to suicide | 185 | Prohibition of abetment of suicide | Imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees |
Exception
| S.N. | Types | Section | Provision |
|---|---|---|---|
| 1 | Obedience of law, self-defense and fulfilling duty by public servant | 179 (1)(a)(1) | Provoked by anything done in obedience to the law or in the exercise of the right of private defense or anything done or intended to be done by a public servant |
| 2 | Provocation | 179 (1)(a)(2) | The offender himself or herself gives provocation to another with intent to do harm to anyone and anything done by that other person upon being so provoked |
| 2 | Self-defense | 179 (1)(b) | Where the offender in the exercise in good faith of the right of private defense exceeds the limit of such power and causes the death of the person against whom he or she is exercising such right of private defense |
| 3 | Heat of passion | 179 (1)(c) | Death is caused instantly in the heat of passion upon a sudden quarrel |
Explanation
According to the law, it is strictly prohibited for any individual to intentionally cause the death of another person or engage in any act that results in the death of another person. Even if a person deliberately inflicts severe bodily injury or harm on someone, knowing that it is likely to cause their death, and the victim does not immediately die but passes away later as a consequence of those injuries, the perpetrator shall be held responsible for causing the death of that person. Those who commit or aid in committing such offense is subjected to the punishment of life imprisonment.
Similarly, it is forbidden for anyone to perform any act with the knowledge or reasonable belief that, under ordinary circumstances, it is likely to cause the death of another person. If a person dies as a direct result of such an act, the offender shall face the penalty of life imprisonment.
In certain circumstances, the law acknowledges that the causing of death may occur due to grave provocation or in the heat of passion.
Despite the provisions mentioned above, if a person causes the death of another person under the following conditions, they shall be subject to a prison term ranging from ten to fifteen years and a fine ranging from one hundred thousand to one hundred fifty thousand rupees i.e. lesser punishment:
(a) When the offender, driven by serious and sudden provocation that deprives them of self-control, causes the death of the person who provoked them. However, this provision does not apply in certain situations:
(b) If the offender, while exercising the right of private defense in good faith, exceeds the reasonable limits of such defense and causes the death of the person against whom they are defending themselves.
(c) If the death occurs instantly in the heat of passion during a sudden quarrel. However, it is important to note that while engaging in any act falling under this provision, the offender must not have taken undue advantage or acted in a cruel or unusual manner.
It should be noted that the exceptions mentioned in above clause do not apply in cases of premeditated murder or murder committed with deliberate afterthought.
Under the Nepalese provision, no person should cause the death of another individual by engaging in reckless acts. The person causing such death shall be liable to a prison term ranging from three to ten years and a fine ranging from thirty thousand to one hundred thousand rupees.
- Prohibition on doing act with the intention of causing death or act likely to cause death.
- Prohibition of causing death by grave provocation or in heat of passion:
- If the provocation was in response to an act done in accordance with the law, exercise of the right of self-defense, or an act performed or intended to be performed by a public servant in the course of their official duties.
- If the offender themselves provoked another person with the intention of causing harm, and the resulting actions of the provoked person led to the death of someone.
- Prohibition of causing death through recklessness and negligence:
Nepalese law further prohibits causing death through negligence.. Those found guilty of this offense shall be subject to a prison term not exceeding three years and a fine not exceeding thirty thousand rupees.
Additionally, in situations where an act performed under circumstances that make it less likely to cause death inadvertently results in someone’s death, the person responsible shall be liable to a prison term ranging from six months to two years, a fine not exceeding twenty thousand rupees, or both.
According is against the law to throw away or leave behind someone who is under your care. This applies to infants, children, disabled patients, or elderly people whom the person is responsible for. One must not do anything that endangers their safety or puts their life at risk by leaving them alone or abandoning them. It is important to provide proper care and support to those in your guardianship and not harm them by neglecting or abandoning them.
Those found guilty of committing or causing such offenses, shall be subject to a maximum prison term of three years and a fine not exceeding thirty thousand rupees. However, if the offense results in the death of the child, disabled patient, or elderly person, the offender may face a prison term not exceeding seven years and a fine not exceeding seventy thousand rupees. In cases where the throwing, abandonment, or neglect specifically leads to the death of an infant, is deemed as doing act with the intention of causing death or act likely to cause death.
The law also prohibits the abetment of suicide. It is illegal for any person to encourage, facilitate, or create circumstances likely to lead to the commission of suicide by another individual. Those found guilty of this offense, as described, may face a prison term not exceeding five years and a fine not exceeding fifty thousand rupees.
- Prohibition to abandonment of the person under one’s own guardianship:
- Prohibition of abetment of suicide:
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