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India · 2nd Year · Criminal Law (BNS / IPC)

Leading Cases

Homicide and sentencing.

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  1. 1.Reg v Govinda (1876) — significance?

    Melvill J's classic exposition of the distinction between culpable homicide (s 299) and murder (s 300).

    (1876) ILR 1 Bom 342

  2. 2.Virsa Singh v State of Punjab (1958) — test?

    For s 300 "thirdly": the prosecution must prove a bodily injury was present, its nature, that the accused intended to inflict that particular injury, and that it was sufficient in the ordinary course of nature to cause death.

    AIR 1958 SC 465

  3. 3.K.M. Nanavati v State of Maharashtra (1961) — issue?

    Grave and sudden provocation (Exception 1 to s 300): the accused had time to cool down, so the killing was murder.

    AIR 1962 SC 605

  4. 4.Bachan Singh v State of Punjab (1980) — held?

    Upheld the constitutionality of the death penalty but limited it to the "rarest of rare" cases.

    (1980) 2 SCC 684

  5. 5.Machhi Singh v State of Punjab (1983) — contribution?

    Laid down categories (manner, motive, anti-social nature, magnitude, personality of victim) to apply the rarest-of-rare test.

    (1983) 3 SCC 470