SC reprimands Chhattisgarh HC for misapplying criminal law in reducing murder conviction to culpable homicide.
The Supreme Court has strongly criticized the Chhattisgarh High Court for failing to grasp fundamental principles of criminal law. A Bench of Justices JB Pardiwala and K Vinod Chandran expressed concern over a November 2024 judgment that set aside a murder conviction and substituted it with culpable homicide not amounting to murder under IPC Section 304 (BNS Section 106).
The High Court had disregarded settled law distinguishing murder (BNS 103) from culpable homicide (BNS 106), particularly regarding intent and knowledge under Section 299/300 (BNS 102/103). The Supreme Court observed,
The condition of the High Court bench in criminal matters is pathetic. How can judges assess evidence without understanding basic mens rea or actus reus?
The reprimand underscores the need for better judicial training in criminal jurisprudence. For practitioners, it signals heightened scrutiny by the apex Court of High Court judgments involving nuanced applications of criminal law, particularly in life-and-death cases.
Citations
- State v. [Accused] (Pending)
