Blood Money and Plea Bargaining | 18 Jan 2025
The death sentence of an Indian nurse in Yemen for allegedly murdering her business partner, along with efforts involving blood money (diya under Sharia law) for her acquittal, has reignited debates over its implications.
- Blood money refers to money paid as compensation for unintentional murder, culpable homicide, or when victims' families forgo retribution (qisas).
- Even after reconciliation, the state retains the right to impose penalties.
- India’s Position: India does not formally recognize blood money.
- The legal system offers 'plea bargaining' as a negotiation tool but it is not available for crimes against women or children aged below 14, heinous crimes such as murder or rape etc.
- It outlines a procedure where the accused pleads guilty in exchange for concessions from the prosecutor, potentially including victim compensation.
- It was introduced through the Criminal Law (Amendment) Act, 2005 to the Code of Criminal Procedure, 1973 (BNSS).
- It can be taken up only for offences that are penalised with imprisonment of less than 7 years.
- The legal system offers 'plea bargaining' as a negotiation tool but it is not available for crimes against women or children aged below 14, heinous crimes such as murder or rape etc.
- Ancient India: Kautilya’s Arthashastra and Manusmriti discussed fines and reparations as part of legal remedies for offenses.
Read more: Issue of Indians Jailed Abroad