ABSTRACT
This chapter analyzes the concept of homicide in India in the historical and contemporary perspectives. It describes doctrinal methodology whereby it will develop its arguments based on the ancient scriptures, existing criminal codes, and relevant literatures on ancient, medieval, and colonial criminal justice systems, case laws, and news reports. The chapter deals with ancient Hindu codes regarding homicide, the responses to homicide and related punishments. It explores the concept of homicide in the medieval period and also deals with a British colonial understanding of homicide in India and explains the contemporary understanding of homicide in post-independence and contemporary India. Legal homicide could include punishment of death handed down by the kings. Manusmriti prescribes four types of “danda” or punishments, which are as follows: vak dandaor admonition, dhik dandaor censure, dhana dandaor pecuniary punishment and badha dandaor physical punishment, which also includes the death penalty. Manusmriti as well as later Hindu codes also recognized unintentional homicide.
