If you are stuck in such a situation, here is what to do.

A few months ago, in the city of Rampur, a tragic altercation occurred between two neighbours, Mr. Alok and Mr. Bipin, resulting in Mr. Bipin’s unfortunate demise. The incident, which involved a sharp weapon, was captured on the CCTV cameras of their residential complex, clearly showing the individuals involved. Mr. Alok, who was allegedly intoxicated during the event, was arrested by the police within an hour, and the weapon was recovered from him.

Complicating the matter is Mr. Alok’s past, which includes a prior criminal case of a serious nature. While in judicial custody, he has faced significant health issues, including a seizure stemming from a pre-existing brain injury he sustained in an accident years ago. An FIR has been registered for murder, and the police are expected to file a chargesheet soon. His family is now grappling with the legal maze ahead. They do not seek to justify the act but are desperate to understand the legal process, the prospects of bail on medical grounds, and any legal avenues available to ensure a fair trial and potentially mitigate the sentence, considering he is the sole provider for his young children and elderly mother.

Advice in such cases

When faced with a situation as grave as a murder accusation, the path forward can be overwhelming. The evidence, in this case, appears strong for the prosecution, including CCTV footage, recovery of the weapon, and a prior criminal record. These elements make the case particularly challenging for the defense.

• Understanding the gravity of the charge is the first step. A murder charge under Indian law is the most serious offense against a person.
• The evidence collected by the police will form the bedrock of the prosecution’s case. It is crucial to anticipate how this evidence will be presented in court.
• While factors like intoxication and family dependency are emotionally compelling, their legal standing as defenses or strong mitigating factors can be limited. However, severe health conditions can play a significant role, particularly in matters of bail.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The legal framework for such offenses has been updated with the introduction of new laws. The primary statutes applicable would be the Bharatiya Nyaya Sanhita (BNS), 2023, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

• Section 103 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with punishment for murder. If found guilty, the accused faces a sentence of death or imprisonment for life, along with a fine.
• Section 105 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section defines culpable homicide not amounting to murder. The defense often tries to argue that the act falls under this section rather than murder, as the punishments are less severe. This could be argued on grounds like grave and sudden provocation or exceeding the right of private defense, though these are difficult to establish.
• Section 20 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section clarifies that voluntary intoxication is generally not a defense against a criminal charge. The law does not excuse an act because the person was drunk. An exception exists if the intoxication was administered against the person’s will or knowledge.

If you are the complainant

If you are a family member of the accused (often referred to as the complainant in a broader sense of seeking legal remedy), your role is to support the defense legally and procedurally.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Gather all relevant medical documents immediately. This includes historical records of the brain injury and recent documents concerning the seizure and hospitalization while in custody. These are vital for bail applications on medical grounds.
• Compile documents that prove family dependency, such as the children’s birth certificates, school records, and proof of the elderly mother’s dependence on the accused.
• It is imperative not to interfere with the investigation. Do not attempt to contact witnesses or tamper with any form of evidence, as this can lead to further criminal charges.
• Be prepared mentally and financially for a protracted legal process that can span several years.

If you are the victim

If you are a family member of the victim, your focus will be on ensuring justice is served through the legal system.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Cooperate fully with the police and the public prosecutor assigned to the case. Provide clear and consistent statements.
• Through your lawyer, you can monitor the progress of the investigation and the trial.
• You have the right to oppose any bail application filed by the accused. Your lawyer can present arguments in court detailing why bail should not be granted, highlighting the severity of the crime and the potential threat to witnesses.
• Ensure that all crucial evidence, like the statements of other neighbours or any prior complaints against the accused, is brought to the attention of the investigating officer.

How the police behave in such cases

In a heinous crime like murder, the police are expected to act with urgency and diligence.

• Their immediate priority is to secure the crime scene to prevent contamination of evidence.
• They will collect all physical and electronic evidence, such as the weapon, blood samples for forensic analysis, and the CCTV footage.
• Statements from all potential witnesses will be recorded under Section 179 of the BNSS.
• An FIR is registered, and the accused is formally arrested.
• The investigation must be concluded, and a final report (chargesheet) must be filed in court. For offenses punishable by death or life imprisonment, the BNSS provides a period of 90 days for filing the chargesheet, failing which the accused may be entitled to default bail.

FAQs people normally have

Can bail be granted in a murder case with such strong evidence?
Bail is extremely difficult in murder cases where there is clear prima facie evidence like CCTV footage and weapon recovery. Courts are very cautious. However, it is not impossible. A strong case for bail can be made on urgent and severe medical grounds. The court will require verifiable medical reports from a government hospital to assess the seriousness of the condition and whether the required treatment can be provided in jail. While family dependency is a factor, it is rarely sufficient on its own to secure bail in a murder case.

When is the right time to apply for bail?
It is generally strategic to file a bail application after the chargesheet has been submitted by the police. The chargesheet outlines all the evidence and witness statements the prosecution will rely on. This allows your lawyer to know the full extent of the case against the accused and formulate a more effective bail plea by addressing the specific evidence mentioned.

Is there any legal way to reduce the punishment?
Yes, this is argued during the trial and at the sentencing stage. The defense’s goal would be to argue that the offense does not constitute murder under Section 103 BNS but rather culpable homicide not amounting to murder under Section 105 BNS. This could be argued by presenting evidence that the accused’s mental state, due to the pre-existing brain injury, rendered them incapable of forming the specific “intention” required for murder. This is a complex psychiatric and legal argument. If convicted, these factors (poor health, family dependency, etc.) can be presented as “mitigating circumstances” to plead for a sentence of life imprisonment instead of the death penalty.

If convicted of murder, what is the realistic sentence?
Under Section 103 BNS, the sentence is either death or life imprisonment. The death penalty is reserved for the “rarest of the rare” cases. Given the circumstances, life imprisonment is the more probable sentence if a conviction for murder is upheld.

What are the chances of parole or sentence reduction later?
Parole and remission (reduction) of sentence are post-conviction options governed by state prison rules. After serving a substantial part of the sentence (often at least 14 years in a life sentence), a convict can apply for release based on their conduct in prison, health, and other factors. This is a separate administrative and judicial process and is not guaranteed.

What evidence is required?

• For the Prosecution: The primary evidence will be the CCTV footage, the recovered weapon, forensic reports (matching fingerprints and blood on the weapon to the accused and victim), the post-mortem report establishing the cause of death, and testimonies of eyewitnesses.
• For the Defense: The key evidence will be medical records. This includes all historical documents about the brain injury and all recent records of the seizure and treatment in custody. Affidavits and documents proving family dependency (ration card, birth certificates) will also be needed. Any evidence challenging the prosecution’s version of events would also be critical.

How long will the investigation take?

As per the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the police must file the chargesheet within 90 days of the arrest for serious offenses like murder. This timeline is crucial. The trial itself, however, is a much longer process. A murder trial in the Sessions Court can take several years, and subsequent appeals to the High Court and the Supreme Court can extend the duration of the legal battle significantly.

Advocate Sudhir Rao, Supreme Court of India