criminal-law india law-in-fiction
What would the punishment be for an accidental killing, provoked by threats of sharing a video of the attacker naked?
<p>This is based on the Drishyam Bollywood movie</p>
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<p>Suppose a boy made an MMS video of a girl taking a bath, and then asked of her sexual favours, with a threat to circulate the video otherwise. Next, the girl didn't budge so he called her mother in front of her, threatening with all above.</p>
<p>Suppose the girl, in a fit of rage, hit that boy, not with the intention of murder, and the boy died.</p>
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<p>Given proof of the above, including the intentions of the participants,  <strong>what punishment should be given to the girl</strong> as per the natural law, if she is pronounced guilty?</p>

<p>Natural law does not prescribe particular punishments, that only comes from statutory law. Under <a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&amp;orderno=341" rel="noreferrer">Indian law</a>, this would seem to be a violation of IPC 304a, &quot;causing death by negligence&quot;. There is no intent to cause great injury, indeed it is a complete mystery why the boy died. The penalty is up to two years imprisonment and a fine. There are more details in <a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&amp;orderno=336" rel="noreferrer">IPC 300</a>, focusing on intent to kill under extreme provocation, but the required intent is lacking here.
The courts may be lenient, having considered surrounding circumstances, and sentence her to less than the maximum punishment.</p>

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<p>Suppose a boy made an MMS video of a girl taking bath and then asked her of sexual favours with a threat to circulate the video otherwise</p>
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<p>This is <a href="https://devgan.in/ipc/chapter_16.php#s354C" rel="nofollow noreferrer">Voyeruism IPC 254c</a>, and <a href="https://devgan.in/ipc/chapter_16.php#s354A" rel="nofollow noreferrer">Sexual Harrasment IPC 354A</a>.</p>
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<p>Next the girl didn't budge so he called her mother in front of her threatening with all the above.</p>
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<p>This is <strong>also</strong> sexual harassment.</p>
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<p>Suppose the girl, in a fit of rage hit that boy, not with the intention of murder, and the boy died.</p>
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<p>No guilt here, if the fit of rage happened while he was threatening - that's self-defense and without punishment. In fact, you can't even charge assault, because Assault under <a href="https://devgan.in/ipc/chapter_16.php#s352" rel="nofollow noreferrer">IPC 352</a> explicitly says it does not apply to grave provocation. So the more specialized <a href="https://devgan.in/ipc/chapter_16.php#s358" rel="nofollow noreferrer">IPC 358</a> applies:</p>
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<p>Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.ExplanationsThe last section is subject to the same explanation as section 352.</p>
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<p>I don't see that <a href="https://devgan.in/ipc/chapter_16.php#s304a" rel="nofollow noreferrer">IPC 304a</a> could apply in its negligent part, as no duty of care exists. I don't <em>quite</em> see how a <em>provoked act</em> might qualify as a rash act, but it might. It's clearly not murder under <a href="https://devgan.in/ipc/chapter_16.php#s300" rel="nofollow noreferrer">IPC 300</a>, as there's no intent. Also, <a href="https://devgan.in/ipc/chapter_16.php#s299" rel="nofollow noreferrer">IPC 299</a> does not apply either: that too requires Intent.</p>
<p>So the worst available is at maximum 2 years + Fine, but it's much more likely that we are dealing with assault after grave and sudden provocation, so about one month or 200 rupees.</p>
<p>Oh, and now comes the kicker: You said girl. That implies below 18. As a result, the <a href="https://cara.nic.in/PDF/JJ%20act%202015.pdf" rel="nofollow noreferrer">Indian Juvenile Justice Act 2015</a> applies. So the two possible sentences... Both are classed as:</p>
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<p>Chapter 1, 2. (45) “petty offences” includes the offences for which the maximum punishment
under the Indian Penal Code or any other law for the time being in force is imprisonment
up to three years;</p>
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<p>As a result, the trial will be in front of a Board described in section 14 and has to be done as a speedy summary proceeding.</p>

<p>It pivots on the question: &quot;Was the hitting a crime?&quot;</p>
<p>Generally, a death that happens from the commission of a crime is itself a crime - manslaughter or murder.</p>
<p>That is an inherent risk to doing criminal things.</p>
<p>See also the <a href="https://en.wikipedia.org/wiki/Eggshell_skull" rel="nofollow noreferrer">Eggshell Skull rule</a>, in which your mis-deed has greater consequences than any reasonable person would have expected, <em>but you're still responsible for the results</em>.</p>
