Kabir, suffering from an extremely painful terminal disease begs his wife to give him poison, so as to put an end to his pain. She reluctantly agrees and gives him poison leading to his death. Which one of the following is the correct legal position in this case?

Correct option is B

The correct option is: (b) She is guilty of culpable homicide not amounting to murder

Explanation

In the given case, Kabir was suffering from an extremely painful terminal illness and voluntarily requested his wife to administer poison to end his life. Acting on his request, his wife gave him poison, which resulted in his death.

Under the Bharatiya Nyaya Sanhita (BNS), 2023:

• Section 100 defines culpable homicide as causing death by an act done with:
• Intention of causing death, or
• Intention of causing bodily injury likely to cause death, or
• Knowledge that the act is likely to cause death.

Here, the wife directly caused Kabir’s death by administering poison, knowing fully well that it would result in death. Hence, the offence of culpable homicide is clearly made out.

However, Exception 5 to Section 101 (Murder) states that:

Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.

Since:

• Kabir was an adult, and
• He explicitly consented to the act,

the offence is excluded from murder and is classified as culpable homicide not amounting to murder.

Information Booster:

Consent and Homicide under BNS, 2023

• Consent of the deceased does not absolve criminal liability, but
• It reduces the gravity of the offence from murder to culpable homicide not amounting to murder.
• Active euthanasia (direct act causing death) is not legally permitted in India.
• Only passive euthanasia, under strict judicial guidelines, is allowed.

Relevant Provision:

• Exception 5 to Section 101 BNS – death caused with consent of a person above 18 years.