An Expert Analysis of Criminal Homicide in Bangladesh Distinguishing Culpable Homicide from Murder under the Penal Code, 1860 By-Judge Nazmul Hasan.pdf
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About This Presentation
This jurisprudential analysis focuses on the "Degree of Probability Test" (State vs. Ashraf Ali) to distinguish S. 299 (likely/probable death) from S. 300 (virtual certainty/most probable death). The study advocates for strict judicial adherence to the "most probable" standard fo...
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Prepared by-Nazmul Hasan, Senior Judicial Magistrate at 11
th
BJS. (Prime Minister Gold Medalist)
P
age
1
An Expert Analysis of Criminal
Homicide in Bangladesh: Distinguishing
Culpable Homicide from Murder under
the Penal Code, 1860
By-Nazmul Hasan
1
I. Introduction: The Foundational Statutes and Juridical
Relationship
The Penal Code, 1860 (Act XLV of 1860), serves as the paramount authority governing
crimes against human life in Bangladesh, primarily through Chapter XVI, which
defines and distinguishes Culpable Homicide (Section 299) and Murder (Section
300).
1
Homicide is fundamentally the killing of one human being by another, and the
law classifies it into lawful and unlawful acts.
2
The critical legal mandate for judicial
officers is the precise differentiation of the mental state (mens rea) and consequence
required for each degree of unlawful homicide.
1
Senior Judicial Magistrate at 11
th
Bangladesh Judicial Service.
th
BJS. (Prime Minister Gold Medalist)
P
age
1
An Expert Analysis of Criminal
Homicide in Bangladesh: Distinguishing
Culpable Homicide from Murder under
the Penal Code, 1860
By-Nazmul Hasan
1
I. Introduction: The Foundational Statutes and Juridical
Relationship
The Penal Code, 1860 (Act XLV of 1860), serves as the paramount authority governing
crimes against human life in Bangladesh, primarily through Chapter XVI, which
defines and distinguishes Culpable Homicide (Section 299) and Murder (Section
300).
1
Homicide is fundamentally the killing of one human being by another, and the
law classifies it into lawful and unlawful acts.
2
The critical legal mandate for judicial
officers is the precise differentiation of the mental state (mens rea) and consequence
required for each degree of unlawful homicide.
1
Senior Judicial Magistrate at 11
th
Bangladesh Judicial Service.
Prepared by-Nazmul Hasan, Senior Judicial Magistrate at 11
th
BJS. (Prime Minister Gold Medalist)
P
age
2
The relationship between these two offences is a non-negotiable principle of law:
Culpable Homicide is the broader genus, and Murder is the narrower, aggravated
species.
2
This axiom dictates that while every murder necessarily meets the statutory
requirements of culpable homicide, the converse is not true. The judicial inquiry must
rigorously test whether the accused's intention (intent) or knowledge (knowledge)
reaches the exceptionally heightened threshold mandated by Section 300 to convert
the offense from Culpable Homicide to the capital charge of Murder.
3
This legislative
hierarchy encompasses a continuum of liability, extending from Section 299 through
Section 304 to Section 304A (Causing death by negligence).
1
II. Definitional Precision: Culpable Homicide (Section 299)
Section 299 provides the baseline definition for Culpable Homicide, requiring the act
of causing death to be accompanied by one of three distinct mental states
3
:
1. Doing an act with the intention of causing death.
7
2. Doing an act with the intention of causing such bodily injury as is likely
to cause death.
7
3. Doing an act with the knowledge that the offender is likely by such act to
cause death.
7
The operative term "likely to cause death" establishes a standard of high probability or
risk, falling short of virtual certainty, thereby defining the lower degree of culpability
in the hierarchy.
3
Statutory Explanations and the Legal Rule of Causation
The three Explanations appended to Section 299 clarify the legal rules of causation:
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BJS. (Prime Minister Gold Medalist)
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2
The relationship between these two offences is a non-negotiable principle of law:
Culpable Homicide is the broader genus, and Murder is the narrower, aggravated
species.
2
This axiom dictates that while every murder necessarily meets the statutory
requirements of culpable homicide, the converse is not true. The judicial inquiry must
rigorously test whether the accused's intention (intent) or knowledge (knowledge)
reaches the exceptionally heightened threshold mandated by Section 300 to convert
the offense from Culpable Homicide to the capital charge of Murder.
3
This legislative
hierarchy encompasses a continuum of liability, extending from Section 299 through
Section 304 to Section 304A (Causing death by negligence).
1
II. Definitional Precision: Culpable Homicide (Section 299)
Section 299 provides the baseline definition for Culpable Homicide, requiring the act
of causing death to be accompanied by one of three distinct mental states
3
:
1. Doing an act with the intention of causing death.
7
2. Doing an act with the intention of causing such bodily injury as is likely
to cause death.
7
3. Doing an act with the knowledge that the offender is likely by such act to
cause death.
7
The operative term "likely to cause death" establishes a standard of high probability or
risk, falling short of virtual certainty, thereby defining the lower degree of culpability
in the hierarchy.
3
Statutory Explanations and the Legal Rule of Causation
The three Explanations appended to Section 299 clarify the legal rules of causation:
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1. Explanation 1 (Acceleration of Death): An offender is deemed to have caused death if
the injury inflicted accelerates the death of a victim already suffering from a disorder,
disease, or infirmity.
6
2. Explanation 2 (Intervening Medical Treatment): The causation remains fixed upon the
person who caused the bodily injury, even if the victim’s death might have been prevented
by "proper remedies and skillful treatment".
6
This mechanism ensures that the initial
criminal act is viewed as the cause of death, disregarding subsequent intervening factors.
7
3. Explanation 3 (Feticide/Infanticide): Causing the death of a child in the mother's womb
is explicitly excluded from homicide. However, it may amount to culpable homicide to
cause the death of a living child after any part of that child has emerged, regardless of
whether the child has breathed or been fully born.
6
III. The Aggravated Offence: Murder (Section 300)
Section 300 mandates that Culpable Homicide is designated as Murder, "Except in the
cases hereinafter excepted," only if the fatal act fulfills one of the four highly stringent
criteria of mens rea.
6
Detailed Analysis of the Four Clauses (The Standard of High Certainty)
The four clauses of Section 300 demand a level of certainty—either intended or
known—that is substantially higher than the mere "likely" standard of Section 299
4
:
1. Clause 1 (Intention to Cause Death): The act is done with the intention of
causing death.
8
This represents direct, expressed malice, exemplified by A
shooting Z with the intention of killing him, and Z dies.
8
2. Clause 2 (Intentional Injury with Specific Knowledge): The act is done
with the intention of causing such bodily injury as the offender knows to be likely
to cause the death of that particular person.
8
This requires specific,
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1. Explanation 1 (Acceleration of Death): An offender is deemed to have caused death if
the injury inflicted accelerates the death of a victim already suffering from a disorder,
disease, or infirmity.
6
2. Explanation 2 (Intervening Medical Treatment): The causation remains fixed upon the
person who caused the bodily injury, even if the victim’s death might have been prevented
by "proper remedies and skillful treatment".
6
This mechanism ensures that the initial
criminal act is viewed as the cause of death, disregarding subsequent intervening factors.
7
3. Explanation 3 (Feticide/Infanticide): Causing the death of a child in the mother's womb
is explicitly excluded from homicide. However, it may amount to culpable homicide to
cause the death of a living child after any part of that child has emerged, regardless of
whether the child has breathed or been fully born.
6
III. The Aggravated Offence: Murder (Section 300)
Section 300 mandates that Culpable Homicide is designated as Murder, "Except in the
cases hereinafter excepted," only if the fatal act fulfills one of the four highly stringent
criteria of mens rea.
6
Detailed Analysis of the Four Clauses (The Standard of High Certainty)
The four clauses of Section 300 demand a level of certainty—either intended or
known—that is substantially higher than the mere "likely" standard of Section 299
4
:
1. Clause 1 (Intention to Cause Death): The act is done with the intention of
causing death.
8
This represents direct, expressed malice, exemplified by A
shooting Z with the intention of killing him, and Z dies.
8
2. Clause 2 (Intentional Injury with Specific Knowledge): The act is done
with the intention of causing such bodily injury as the offender knows to be likely
to cause the death of that particular person.
8
This requires specific,
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subjective knowledge of the victim’s vulnerability (e.g., A striking Z, knowing
Z suffers from a disease that makes the blow lethal).
8
3. Clause 3 (Intentional Injury Sufficient in Ordinary Course of Nature):
The act is done with the intention of causing bodily injury, and the injury intended
is "sufficient in the ordinary course of nature to cause death".
8
This introduces the
critical objective test. The prosecution must prove the intent to inflict the
specific injury, coupled with objective evidence that the injury was, by its nature,
lethal (e.g., A intentionally gives Z a sword-cut "sufficient to cause the death of a
man in the ordinary course of nature").
8
Here, the physical act's severity serves as
conclusive evidence of the requisite high culpability.
2
4. Clause 4 (Imminently Dangerous Act): The act is committed with the
knowledge that it is "so imminently dangerous that it must, in all probability,
cause death".
8
This covers acts demonstrating generalized malice or extreme
recklessness, such as firing a loaded cannon into a crowd.
8
IV. The Critical Judicial Distinction: The Degree of Probability
Test
The Appellate Division of the Bangladesh Supreme Court established the definitive
Degree of Probability Test in the landmark case of State vs. Ashraf Ali and
others (46 DLR (AD) 241).
9
This precedent provides the functional standard for
judicial determination:
Culpable Homicide: Occurs when death is determined to be probable.
9
Murder: Occurs when death is determined to be most probable (approaching
virtual certainty).
9
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subjective knowledge of the victim’s vulnerability (e.g., A striking Z, knowing
Z suffers from a disease that makes the blow lethal).
8
3. Clause 3 (Intentional Injury Sufficient in Ordinary Course of Nature):
The act is done with the intention of causing bodily injury, and the injury intended
is "sufficient in the ordinary course of nature to cause death".
8
This introduces the
critical objective test. The prosecution must prove the intent to inflict the
specific injury, coupled with objective evidence that the injury was, by its nature,
lethal (e.g., A intentionally gives Z a sword-cut "sufficient to cause the death of a
man in the ordinary course of nature").
8
Here, the physical act's severity serves as
conclusive evidence of the requisite high culpability.
2
4. Clause 4 (Imminently Dangerous Act): The act is committed with the
knowledge that it is "so imminently dangerous that it must, in all probability,
cause death".
8
This covers acts demonstrating generalized malice or extreme
recklessness, such as firing a loaded cannon into a crowd.
8
IV. The Critical Judicial Distinction: The Degree of Probability
Test
The Appellate Division of the Bangladesh Supreme Court established the definitive
Degree of Probability Test in the landmark case of State vs. Ashraf Ali and
others (46 DLR (AD) 241).
9
This precedent provides the functional standard for
judicial determination:
Culpable Homicide: Occurs when death is determined to be probable.
9
Murder: Occurs when death is determined to be most probable (approaching
virtual certainty).
9
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This distinction demands meticulous scrutiny of circumstantial evidence, including
the type of weapon, the force used, and the situs of the injury. For instance, in the
Ashraf Ali case, the post-mortem finding that death was due to "hemorrhage and
shock as a result of cut throat injury" (an injury to a vital organ) helped confirm the
"most probable" threshold for a murder conviction under Section 300, Clause 3.
10
Element Culpable Homicide
(S. 299)
Murder (S. 300)
Causation
Standard
Death is probable or
likely.
9
Death is most probable or the
injury is sufficient in the
ordinary course of nature to
cause death.
8
Intention
(General)
Intent to cause bodily
injury that is likely to
cause death.
7
Intent to cause death (Clause 1);
or intent to cause a fatal injury
(Clause 3).
8
Knowledge
(General)
Knowledge that the act is
likely to cause death
(Lesser degree of
knowledge).
7
Knowledge that the act is
imminently dangerous and
must, in all probability, cause
death (Virtual certainty).
8
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This distinction demands meticulous scrutiny of circumstantial evidence, including
the type of weapon, the force used, and the situs of the injury. For instance, in the
Ashraf Ali case, the post-mortem finding that death was due to "hemorrhage and
shock as a result of cut throat injury" (an injury to a vital organ) helped confirm the
"most probable" threshold for a murder conviction under Section 300, Clause 3.
10
Element Culpable Homicide
(S. 299)
Murder (S. 300)
Causation
Standard
Death is probable or
likely.
9
Death is most probable or the
injury is sufficient in the
ordinary course of nature to
cause death.
8
Intention
(General)
Intent to cause bodily
injury that is likely to
cause death.
7
Intent to cause death (Clause 1);
or intent to cause a fatal injury
(Clause 3).
8
Knowledge
(General)
Knowledge that the act is
likely to cause death
(Lesser degree of
knowledge).
7
Knowledge that the act is
imminently dangerous and
must, in all probability, cause
death (Virtual certainty).
8
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V. Mitigating Factors: The Five Exceptions to Murder (S. 300)
If a homicidal act technically meets the criteria for Murder, the offense may still be
reduced to Culpable Homicide Not Amounting to Murder (punishable under Section
304) if the defense proves that the case falls under one of the five statutory exceptions.
2
Exception 1: Grave and Sudden Provocation
Mitigation occurs if the offender, deprived of self-control by provocation that is grave
and sudden, causes the death of the provocateur or another person by mistake or
accident.
11
This exception is subject to three strict provisos that must be satisfied
11
:
1. The provocation was not sought by the offender as an excuse for the harm.
11
2. The provocation was not given by anything done in obedience to the law or by a
public servant in the lawful exercise of powers.
11
3. The provocation was not given in the lawful exercise of the right of private
defense.
11
Exception 4: Sudden Fight and Heat of Passion (The Spontaneity Test)
This exception applies if the homicide is committed without premeditation, in a
sudden fight, in the heat of passion upon a sudden quarrel, and the offender
did not take undue advantage or act in a cruel or unusual manner.
11
The Explanation
explicitly states that it is immaterial which party offered the provocation or
committed the first assault.
11
The judicial focus remains purely on the spontaneity
of the conflict and the absence of pre-planning.
13
Exception 5: Consent (Above 18 Years)
The offense is mitigated when the person whose death is caused, being above the age
of eighteen years, suffers death or takes the risk of death with their own consent.
11
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V. Mitigating Factors: The Five Exceptions to Murder (S. 300)
If a homicidal act technically meets the criteria for Murder, the offense may still be
reduced to Culpable Homicide Not Amounting to Murder (punishable under Section
304) if the defense proves that the case falls under one of the five statutory exceptions.
2
Exception 1: Grave and Sudden Provocation
Mitigation occurs if the offender, deprived of self-control by provocation that is grave
and sudden, causes the death of the provocateur or another person by mistake or
accident.
11
This exception is subject to three strict provisos that must be satisfied
11
:
1. The provocation was not sought by the offender as an excuse for the harm.
11
2. The provocation was not given by anything done in obedience to the law or by a
public servant in the lawful exercise of powers.
11
3. The provocation was not given in the lawful exercise of the right of private
defense.
11
Exception 4: Sudden Fight and Heat of Passion (The Spontaneity Test)
This exception applies if the homicide is committed without premeditation, in a
sudden fight, in the heat of passion upon a sudden quarrel, and the offender
did not take undue advantage or act in a cruel or unusual manner.
11
The Explanation
explicitly states that it is immaterial which party offered the provocation or
committed the first assault.
11
The judicial focus remains purely on the spontaneity
of the conflict and the absence of pre-planning.
13
Exception 5: Consent (Above 18 Years)
The offense is mitigated when the person whose death is caused, being above the age
of eighteen years, suffers death or takes the risk of death with their own consent.
11
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Crucially, if an offender instigates a person under 18 to commit suicide, the youth is
legally incapable of giving consent, and the instigator is guilty of murder.
11
VI. Sentencing and Judicial Discretion: Sections 302 and 304
The consequence of classification dictates the penalty. Section 302 mandates severe
penalties for Murder: death, or imprisonment for life, and liability to a fine.
4
Imprisonment for life is legally treated as imprisonment for the natural life of the
convicted person, subject to executive remissions.
15
Judicial Conversion: Distinguishing Part I and Part II of Section 304
Section 304, which governs Culpable Homicide Not Amounting to Mur der, is
bifurcated based on the residual mens rea
3
:
Part Mens Rea
Standard
Punishment Application Principle
Part
I
Intention (to
cause death or
injury likely to
cause death)
6
Imprisonment for
life, or up to ten
years, and a fine
6
Applied when strong intent
to inflict serious bodily
harm remains, but the
offense is reduced from
murder due to mitigating
circumstances.
16
Part
II
Knowledge Only
(that the act is
likely to cause
Up to ten years
imprisonment, or
fine, or both
16
Reserved for purely reckless
acts rooted solely in high
knowledge but low intent,
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Crucially, if an offender instigates a person under 18 to commit suicide, the youth is
legally incapable of giving consent, and the instigator is guilty of murder.
11
VI. Sentencing and Judicial Discretion: Sections 302 and 304
The consequence of classification dictates the penalty. Section 302 mandates severe
penalties for Murder: death, or imprisonment for life, and liability to a fine.
4
Imprisonment for life is legally treated as imprisonment for the natural life of the
convicted person, subject to executive remissions.
15
Judicial Conversion: Distinguishing Part I and Part II of Section 304
Section 304, which governs Culpable Homicide Not Amounting to Mur der, is
bifurcated based on the residual mens rea
3
:
Part Mens Rea
Standard
Punishment Application Principle
Part
I
Intention (to
cause death or
injury likely to
cause death)
6
Imprisonment for
life, or up to ten
years, and a fine
6
Applied when strong intent
to inflict serious bodily
harm remains, but the
offense is reduced from
murder due to mitigating
circumstances.
16
Part
II
Knowledge Only
(that the act is
likely to cause
Up to ten years
imprisonment, or
fine, or both
16
Reserved for purely reckless
acts rooted solely in high
knowledge but low intent,
Prepared by-Nazmul Hasan, Senior Judicial Magistrate at 11
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death, but without
intention)
17
such as a spontaneous act
without premeditation.
18
Case Law Principles for Conversion: Courts frequently convert a conviction from
Section 302 to Section 304 Part I or Part II when the act, though fatal, occurred in a
spontaneous fight, involved a single blow, and lacked the "most probable" certainty of
death required for murder.
19
Judicial precedents highlight that the absence of
premeditation and the duration of the episode are key factors in adjudging the
intention, often leading to conversion to Section 304 Part II in cases where the accused
merely had the knowledge of the likelihood of death, but not the specific intent to kill.
20
For example, convictions have been altered when a single, spontaneous blow resulted
in death due to lack of premeditation.
19
VII. Extended and Vicarious Liability: Sections 34 and 149
The principles of constructive and joint liability significantly expand the scope of
homicide prosecutions:
Provision Section 34
(Common
Intention)
Section 149 (Common Object)
Nature of
Liability
Joint liability based on
a previous meeting
of minds.
22
Constructive/vicarious liability
based on group membership.
23
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death, but without
intention)
17
such as a spontaneous act
without premeditation.
18
Case Law Principles for Conversion: Courts frequently convert a conviction from
Section 302 to Section 304 Part I or Part II when the act, though fatal, occurred in a
spontaneous fight, involved a single blow, and lacked the "most probable" certainty of
death required for murder.
19
Judicial precedents highlight that the absence of
premeditation and the duration of the episode are key factors in adjudging the
intention, often leading to conversion to Section 304 Part II in cases where the accused
merely had the knowledge of the likelihood of death, but not the specific intent to kill.
20
For example, convictions have been altered when a single, spontaneous blow resulted
in death due to lack of premeditation.
19
VII. Extended and Vicarious Liability: Sections 34 and 149
The principles of constructive and joint liability significantly expand the scope of
homicide prosecutions:
Provision Section 34
(Common
Intention)
Section 149 (Common Object)
Nature of
Liability
Joint liability based on
a previous meeting
of minds.
22
Constructive/vicarious liability
based on group membership.
23
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Requirement
Requires a "pre -
arranged plot" and
some degree of active
participation.
22
Requires only membership in
an unlawful assembly at the
time of the offense, provided the
fatal act was committed in
furtherance of the group's
common object.
23
Implication
for Homicide
Applies equally severe
punishment to co-
conspirators who acted
with a shared
purpose.
22
Subjects every member of the
unlawful assembly (regardless of
their active role) to the same
punishment as the primary
offender.
23
Procedurally, courts must follow prescribed steps for charge framing in sessions
courts, including reading and explaining the charge to the accused. The court retains
the judicial power to alter or add charges at any time before judgment is pronounced.
24
VIII. Systemic Challenges and Judicial Integrity
The accurate application of the nuanced homicide laws is consistently challenged by
profound systemic flaws within the justice system, which magistrates and judges must
acknowledge and resist:
1. Systemic Flaws and Paradox: The criminal justice system is "marred by
corruption, incompetence, abuses of due process, and arbitrary and inconsistent
treatment of defendants from arrest through to conviction and sentencing".
25
A
"startling paradox" exists where judges, despite knowing the integrity flaws,
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BJS. (Prime Minister Gold Medalist)
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Requirement
Requires a "pre -
arranged plot" and
some degree of active
participation.
22
Requires only membership in
an unlawful assembly at the
time of the offense, provided the
fatal act was committed in
furtherance of the group's
common object.
23
Implication
for Homicide
Applies equally severe
punishment to co-
conspirators who acted
with a shared
purpose.
22
Subjects every member of the
unlawful assembly (regardless of
their active role) to the same
punishment as the primary
offender.
23
Procedurally, courts must follow prescribed steps for charge framing in sessions
courts, including reading and explaining the charge to the accused. The court retains
the judicial power to alter or add charges at any time before judgment is pronounced.
24
VIII. Systemic Challenges and Judicial Integrity
The accurate application of the nuanced homicide laws is consistently challenged by
profound systemic flaws within the justice system, which magistrates and judges must
acknowledge and resist:
1. Systemic Flaws and Paradox: The criminal justice system is "marred by
corruption, incompetence, abuses of due process, and arbitrary and inconsistent
treatment of defendants from arrest through to conviction and sentencing".
25
A
"startling paradox" exists where judges, despite knowing the integrity flaws,
Prepared by-Nazmul Hasan, Senior Judicial Magistrate at 11
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BJS. (Prime Minister Gold Medalist)
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10
maintain a strong utilitarian belief in the death penalty's deterrent effect.
25
Disturbingly, some judges articulate justifications for misconduct in pre-trial
processes—such as "breaking the rules to secure convictions"—when the system
is perceived as dysfunctional.
25
2. Confessional Evidence and Torture: The reliance on confessional evidence
is highly problematic.
26
In capital cases, documented allegations exist that
confessions are secured through torture or coercion, severely undermining the
constitutional right to due process.
24
3. Conflict with Special Laws: Special criminal legislation often overrides the
Penal Code's proportionality framework. For example, the Nario Shishu Nirjatan
(Bishesh Bidhan) Ain (Suppression of Violence against Women and Children Act)
mandates the death penalty for specific offenses like death following rape,
bypassing the nuanced mens rea analysis of Section 300.
28
The case of Shukur
Ali, arrested at age 14 and facing mandatory death under the special law for rape
and murder, illustrates this mandatory sentencing challenge, even though the
Penal Code would have allowed for life imprisonment.
27
IX. Conclusion
The distinction between Culpable Homicide and Murder rests upon the legal
measurement of the quantum of intent and the degree of probability of death.
The Penal Code, 1860, provides the sophisticated statutory architecture necessary for
precise legal classification. For all judicial and legal professionals, strict fidelity to the
Ashraf Ali "most probable" standard
9
and meticulous adherence to evidentiary and
procedural safeguards are paramount. Upholding the integrity of the criminal process
ensures that the grave penalties prescribed for murder are reserved solely for acts that
th
BJS. (Prime Minister Gold Medalist)
P
age
10
maintain a strong utilitarian belief in the death penalty's deterrent effect.
25
Disturbingly, some judges articulate justifications for misconduct in pre-trial
processes—such as "breaking the rules to secure convictions"—when the system
is perceived as dysfunctional.
25
2. Confessional Evidence and Torture: The reliance on confessional evidence
is highly problematic.
26
In capital cases, documented allegations exist that
confessions are secured through torture or coercion, severely undermining the
constitutional right to due process.
24
3. Conflict with Special Laws: Special criminal legislation often overrides the
Penal Code's proportionality framework. For example, the Nario Shishu Nirjatan
(Bishesh Bidhan) Ain (Suppression of Violence against Women and Children Act)
mandates the death penalty for specific offenses like death following rape,
bypassing the nuanced mens rea analysis of Section 300.
28
The case of Shukur
Ali, arrested at age 14 and facing mandatory death under the special law for rape
and murder, illustrates this mandatory sentencing challenge, even though the
Penal Code would have allowed for life imprisonment.
27
IX. Conclusion
The distinction between Culpable Homicide and Murder rests upon the legal
measurement of the quantum of intent and the degree of probability of death.
The Penal Code, 1860, provides the sophisticated statutory architecture necessary for
precise legal classification. For all judicial and legal professionals, strict fidelity to the
Ashraf Ali "most probable" standard
9
and meticulous adherence to evidentiary and
procedural safeguards are paramount. Upholding the integrity of the criminal process
ensures that the grave penalties prescribed for murder are reserved solely for acts that
Prepared by-Nazmul Hasan, Senior Judicial Magistrate at 11
th
BJS. (Prime Minister Gold Medalist)
P
age
11
demonstrate the highest degree of culpability, thereby safeguarding the principles of
proportionality and justice.
th
BJS. (Prime Minister Gold Medalist)
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age
11
demonstrate the highest degree of culpability, thereby safeguarding the principles of
proportionality and justice.
Prepared by-Nazmul Hasan, Senior Judicial Magistrate at 11
th
BJS. (Prime Minister Gold Medalist)
P
age
12
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th
BJS. (Prime Minister Gold Medalist)
P
age
12
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11, 2025, https://www.scribd.com/document/709830965/Murder-and-
Culpable-Homicide-in-Bangladesh
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Prepared by-Nazmul Hasan, Senior Judicial Magistrate at 11
th
BJS. (Prime Minister Gold Medalist)
P
age
13
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th
BJS. (Prime Minister Gold Medalist)
P
age
13
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m-enayetur-rahim-j/
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Bangladesh, accessed October 11, 2025, http://bdlaws.minlaw.gov.bd/act-
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3131.html
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content/uploads/2021/08/Dr.-Tureen-Afroz.pdf
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https://blog.ipleaders.in/all-about-section-304-ipc/
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to murder, accessed October 11, 2025, http://bdlaws.minlaw.gov.bd/act-
11/section-3133.html
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explained-key-points-you-need-to-know
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accessed October 11, 2025,
Prepared by-Nazmul Hasan, Senior Judicial Magistrate at 11
th
BJS. (Prime Minister Gold Medalist)
P
age
14
https://www.scribd.com/document/721187929/CASE-LAW-RESEARCH-ON-
302-AND-304-IPC
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- CRIN, accessed October 11, 2025,
th
BJS. (Prime Minister Gold Medalist)
P
age
14
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302-AND-304-IPC
20. Supreme Court Decodes Section 304 IPC Maze: When can conviction under Part
I be Converted to Part II?, accessed October 11, 2025,
https://www.scconline.com/blog/post/2023/07/24/sc-principles-alteration-
conviction-section-304-ipc-part-i-to-part-ii-guilty-intention/
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Law Web, accessed October 11, 2025,
https://www.lawweb.in/2024/02/supreme-court-explains-distinction.html
22. DEcoding the relationship between Section 34 and 149 IPC:DO they overlap?,
accessed October 11, 2025,
https://theadvocatesleague.in/blogs/view/DEcoding-the-relationship-
between-Section-34-and-149-IPCDO-they-overlap-7vNR4Q.html
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accessed October 11, 2025, https://www.lawyersnjurists.com/article/framing-
of-charge-in-sessions-courts-bangladesh/
25. Contradictions in Judicial Support for Capital Punishment in India ..., accessed
October 11, 2025, https://deathpenaltyproject.org/contradictions-in-judicial-
support-for-capital-punishment-in-india-and-bangladesh-utilitarian-
rationales/
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http://bdlaws.minlaw.gov.bd/act-details-24.html
27. BANGLADESH: Mandatory death penalty declared void after 14‐year legal battle
- CRIN, accessed October 11, 2025,
Prepared by-Nazmul Hasan, Senior Judicial Magistrate at 11
th
BJS. (Prime Minister Gold Medalist)
P
age
15
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_mandatory_death_sentences.pdf
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th
BJS. (Prime Minister Gold Medalist)
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_mandatory_death_sentences.pdf
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Bangladesh-Report-Web-single.pdf
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Prepared by-Nazmul Hasan, Senior Judicial Magistrate at 11
th
BJS. (Prime Minister Gold Medalist)
P
age
16
About the Author
Nazmul Hasan
Senior Judicial Magistrate
Professional Highlights
Senior Judicial Magistrate, 11
th
Bangladesh Judicial Service (BJS)
Merit Position: 7
th
in the 11
th
BJS
th
BJS. (Prime Minister Gold Medalist)
P
age
16
About the Author
Nazmul Hasan
Senior Judicial Magistrate
Professional Highlights
Senior Judicial Magistrate, 11
th
Bangladesh Judicial Service (BJS)
Merit Position: 7
th
in the 11
th
BJS
Prepared by-Nazmul Hasan, Senior Judicial Magistrate at 11
th
BJS. (Prime Minister Gold Medalist)
P
age
17
Academic Qualifications
LL.B. (Hons.) – First Class First, University of Rajshahi
LL.M. – First Class, University of Rajshahi
Honors & Achievements
Prime Minister Gold Medalist – 2017
Agrani Bank Gold Medalist for Academic Excellence – 2023
th
BJS. (Prime Minister Gold Medalist)
P
age
17
Academic Qualifications
LL.B. (Hons.) – First Class First, University of Rajshahi
LL.M. – First Class, University of Rajshahi
Honors & Achievements
Prime Minister Gold Medalist – 2017
Agrani Bank Gold Medalist for Academic Excellence – 2023
P
age
18
age
18
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