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Homicide also means murder. Homicide refers to the unlawful killing of one person by another and is considered one of the most serious criminal offenses across all legal systems. The term encompasses a wide range of killings, from premeditated murders to accidental deaths caused by negligence or recklessness. In legal contexts, homicide is typically classified based on intent, circumstances, and how the crime occurred.
The most severe form of homicide is murder, which involves intentional killing with malice aforethought. It can be further divided into first-degree (premeditated) and second-degree (intentional but not premeditated) murder. Manslaughter, a less severe charge, involves killings without premeditation, often arising from emotional distress, provocation, or reckless behavior, though there is no intent to kill. Justifiable homicide refers to killings that are deemed legally acceptable, such as self-defense, while negligent homicide occurs when a death is caused by criminal negligence without the intent to harm.
Understanding homicide involves studying motives, methods, and psychological factors, along with forensic evidence. The study of homicide is crucial for law enforcement, criminology, and the legal system, as it helps to identify offenders, understand patterns of violent crime, and ensure justice for victims and their families.
Nepali laws strictly prohibit any individual from intentionally causing the death of any person or engaging in any act that may lead to a person’s death. Laws relating to homicide are governed by the National Penal Code, 2074 chapter 12.
Homicide is classified into various types. They are: -
1. Intentional Homicide
No person shall intentionally kill, or do any act causing the death of another person.
Punishment
The person committing such offense shall be liable to the sentence of imprisonment for life.
2. Provocational Homicide
A person who causes the death of another person in any of the following circumstances is said to have committed provocational homicide: -
- Where the offender, while being deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave such provocation,
But provocation shall not apply in these circumstances.- When the offender is provoked by actions carried out in accordance with the law, in the exercise of the right to self-defense, or by actions taken or intended by a public servant while performing their official duties.
- When the offender intentionally provokes another person with the aim of causing harm, and as a result, the actions of the provoked individual lead to the death of someone.
- When the offender, while acting in good faith to exercise the right of self-defense, exceeds the bounds of that right and causes the death of the person they are defending themselves against.
- Where death is caused instantly in the heat of passion upon a sudden quarrel,
Punishment
A sentence of imprisonment for a term of ten to fifteen years and a fine of one hundred thousand to one lakh fifty thousand rupees.
3. Doctrine of Causation
When a person does something with the intention of causing or believing it is likely to cause the death of someone other than the intended target.
Punishment
Punishment as per intentional or provocational homicide depending on the circumstances.
4. Reckless Homicide
No person shall cause the death of anyone by doing a reckless act.
Punishment
A sentence of imprisonment for a term of three to ten years and a fine of thirty thousand to one lakh rupees.
5. Negligence Homicide
No person shall cause the death of anyone by doing a negligent act.
Punishment
A sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees.
6. Attempt to homicide
No person shall attempt to commit an act with the intention of committing murder of anyone.
Punishment
A sentence of imprisonment for a term not exceeding ten years and a fine not exceeding one hundred thousand rupees.
7. Throwing or abandoning a person under one's guardianship
A person who is responsible for the care or maintenance of an infant, child, disabled patient, or elderly person must not abandon, neglect, or desert them in a way that puts their health or life at risk.
Punishment
A sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees.
8. Prohibition of abetment of suicide
No person shall encourage or assist another in committing suicide, nor create or allow circumstances that are likely to result in such an act.
Punishment
A sentence of imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees.
In conclusion, homicide remains one of the most severe criminal offenses, with laws designed to prevent the unlawful taking of life. The legal system distinguishes between various types of homicide based on intent, actions, and the circumstances surrounding the death. Nepali law, as outlined in the National Penal Code, 2074, ensures that individuals are held accountable for any act that causes harm or death to others. From intentional homicide to negligence, each type carries its own penalties, reflecting the gravity of the offense. The legal classification of homicide—ranging from intentional and provocation-based killings to reckless and negligent acts-serves to uphold justice and deter individuals from engaging in violent behaviors. Furthermore, laws against the abetment of suicide and abandonment of vulnerable individuals emphasize the importance of responsibility and care in society. Ultimately, a strong understanding of homicide laws is crucial for maintaining order and protecting the safety and well-being of all individuals, while also ensuring that those who violate these laws are appropriately punished.