Pondering on the Law of Murder in Light of Soumya Judgment

13 Pages Posted: 2 Mar 2018

See all articles by Dipa Dube

Dipa Dube

Indian Institute of Technology - Rajiv Gandhi School of Intellectual Property Law

Date Written: February 19, 2018

Abstract

The offence of murder is admittedly one of the most complex provisions in the Indian Penal Code. Its interpretation and analysis has baffled scholars and jurists alike. The offence as laid down speaks of distinct degrees of intention and knowledge and is not merely restricted to an intention to cause death on the part of the accused; it also extends to cases where the intention is to cause injury sufficient to cause death. The degree of intent conceived in the clauses is distinct and it is for the court to comprehend the same from the acts of the accused. The decision of the Supreme Court in Soumya murder case has rekindled the debate on the constituent elements of the offence of murder. While some have lauded the judgment, other scholars have condemned it on account of misinterpretation of the law on the subject. The present paper analyses the law of murder as established through legislative and judicial perspectives. The decision of the apex court has been assessed in the light of the established principles to understand the digressions, if any, and the road ahead.

Keywords: Murder, Intention, Knowledge, Causation, Hearsay

Suggested Citation

Dube, Dipa, Pondering on the Law of Murder in Light of Soumya Judgment (February 19, 2018). Available at SSRN: https://ssrn.com/abstract=3126003 or http://dx.doi.org/10.2139/ssrn.3126003

Dipa Dube (Contact Author)

Indian Institute of Technology - Rajiv Gandhi School of Intellectual Property Law ( email )

Indian Institute of Technology
Kharagpur, West Bengal, 721302
India

HOME PAGE: http://www.iitkgp.ac.in

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