This article will help you to know about the homicide law in Nepal. It will help you to sort out the curiosity about the questions like how much imprisonment punishment is there if someone kills a person or what type of killing imposes greater punishment and what type imposes lesser punishment or what type does not impose any punishment.
Homicide simply means the killing of a person. Killing humans is against fundamental rights and human rights. It violates the right to life and liberty of a person. Homicide law in Nepal is governed by Muluki Criminal Code 2074. That is why homicide law in Nepal plays vital role to protect fundamental and human rights.
Crimes related to life are traditional crimes and of the most serious nature. As a result of this crime, a man’s life unnaturally ends before his/her natural death.
In human life, the most essential thing is his/her own life. As the life of such a person is unique in itself and once a person’s life is lost, it cannot be restored.
Homicide, whether it is legal or illegal, is a homicide. All homicides are not crimes. Crime against human life is taken as the most serious and sensitive crime because it ends the existence of humans in the global world.
It is the responsibility of the state to protect the life of people within its territory, which is why every country criminalizes homicide and attempt to murder and provides the highest punishment sanctioned by their national legal system.
Classification Of Homicide Law in Nepal
Lawful Homicide means that any human being is killed by another human being, but in certain circumstances even if he is killed, the law does not punish the person who kills him. The law itself exempts the punishment. There are two types of legal murder that do not punish the murderer. They are justified murder, and excusable murder.
- Compulsion or Duress
- Superior Order
- Private Defense
- Protection of Chastity
- Protection of Property
- Self Defense
All homicide except lawful homicide is called unlawful homicide. In the case of unlawful homicide, the killer or murderer is punished according to the type and intensity of the murder.
The law provides different punishments for such murderers based on the different mental states and intentions of the murderer.
It means unlawful homicide is of different kinds such as heinous homicide, genocide, and prevocational homicide. There is a tendency to classify unlawful homicide on the basis of the level of mental condition in which certain human beings are killed, intentionally or unintentionally or through knowledge, negligence or carelessness.
Culpable Homicide Having Full Punishment
- Intentional Homicide
- Homicide with Knowledge
- Transferred Malice and Mistaken Identity of Victim
Culpable Homicide Having Less Punishment
- Homicide by Recklessness
- Excusable Homicide
- Intentional and deliberate killings
- leave the person under care
- Accidental Homicide
- Abetment to suicide
Acts that are defined as criminal acts with criminal intent in Homicide Law in Nepal
- Homicide with Intention to Kill
- Homicide with Intention to Causing Grievous Bodily Harm
- Homicide with Knowledge
- Killing by imminent Dangerous Activity
Also visit: Rape Law in Nepal
Legal Provision of Homicide Law in Nepal
According to Muluki Criminal Code 2074,
Section 177: Prohibition of doing an act with the intention of causing death
No person should intentionally kill, do, or causes to be done, any act causing the death of, another person.
Section 178: Prohibition of doing an act likely to cause Death
No person should do any act, with the knowledge that, or having reason to believe that, such an act is, in an ordinary course, likely to cause the death of another person.
If anyone does the act mentioned in sections 177 and 178 then he/she is imprisoned for life i.e lifetime imprisonment.
Section 179: Prohibition of causing death by grave Provocation or in heat of passion
A person who causes the death of another person in any of the following circumstances shall be liable to a sentence of imprisonment for a term of ten to fifteen years and a fine of one hundred thousand to one hundred fifty thousand rupees:
a. Where the offender, while being deprived of the power of self-control by grave and sudden anger, causes the death of the person who gave such anger,
Provided that this clause shall not apply to the
- Where the offender is provoked by anything is done in obedience to the law or in the exercise of the right of private defense or anything is done or intended to be done by a public servant in the exercise of his or her official duties,
- Where the offender himself or herself gives provocation(anger) to another with the intent to do harm to anyone and anything done by that other person upon being so provoked causes the death of any person.
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 the such right of private defense,
c. Where death is caused instantly in the heat of passion upon a sudden quarrel.
Section 181: Prohibition of causing death by Recklessness
No person should cause the death of anyone by doing a reckless act.
Those who show reckless behavior and if that consequences death of any person then such person are liable to a sentence of imprisonment for a term of three to ten years and a fine of thirty thousand to one hundred thousand rupees.
Section 182: Prohibition of causing death by Negligence
No person should cause the death of anyone by doing a negligent act.
If commits such an offense then he/she is liable to a sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees.
Section 183: Prohibition of committing attempt to Murder
No person should, with the intention of committing murder of anyone, commit an
attempt to murder.
If committed then he/she is liable to a sentence of imprisonment for a term not exceeding ten years and a fine not exceeding one hundred thousand rupees.
Section 184: Prohibition of throwing or abandoning a person under one’s own guardianship
A person, being bound to care for or maintain an infant, child, disabled patient, or elderly person, should not so throw, abandon or desert as to cause danger to the body or life of the such infant, child, patient, or elderly person.
If such act is done, he/she is liable to a sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees.
Section 185: Prohibition of abetment of suicide
No person should abet the commission of suicide by another, or create, or cause to be created, such circumstances as likely to lead to the commission of such act.
If such an act is done, he/she is liable to a sentence of imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees.
Section 187: Statute of Limitation
There is no limitation for the filing of the case in the court relating to the sections
177, 178, 179, 180, 181, 182, and proviso to sub-section (3) of Section 184. You can complain at any time.
Homicide law in Nepal should be strictly implemented as homicide is a big threat to society and as the life of human being is the most essential thing and once death, life can not be restored.