Open Access Research Article
FILICIDE IN INDIA: A DOCTRINAL STUDY OF CRIMINAL LIABILITY, MENTAL ILLNESS AND SENTENCING UNDER THE BHARATIYA NYAYA SANHITA, 2023 BY – V. SURIYA RAJ
Abstract
Filicide,
the killing of a child by a parent, is generally considered one of the most
serious forms of intra-family homicide. The offense is especially disturbing
because the offender has a position of trust, care and responsibility toward
the victim. Though Indian criminal law is unique in nature, yet “filicide” as
an independent defined offense is not recognized for the time being. A parent
killing a child is generally dealt with under the general provisions relating
to culpable homicide and murder and such other provisions as may be relevant.
The passing of the Bharatiya Nyaya Sanhita, 2023 (BNS) is an appropriate
occasion to revisit the question of whether the existing framework is
sufficient to handle the unique nature of filicide.
This
doctrinal research explores the legal framework in India regarding the
filicide. These are Sections 22, 93, 100, 101, 103, 105, 107 and 109 of the
BNS. It considers the distinction between culpable homicide and murder, the
role of motive, the defense of unsoundness of mind, evidentiary issues and
sentencing. It also discusses important judicial doctrines laid down under the
Indian Penal Code such as Supreme Court’s discussion of legal insanity, mens
rea and the difference between murder and culpable homicide. The study argues
that although the BNS is able to prosecute most cases of filicide, it does not
sufficiently consider the unique criminological, psychological and familial
circumstances which are linked to the killing of children by parents. The absence
of a statutory framework could also lead to inconsistent treatment of mental
illness, domestic violence, parental distress, altruistic motives and other
mitigating circumstances. The paper ends with recommendations for judicial
guidelines, systematic data collection, psychiatric assessment in appropriate
cases, preventive intervention and a more coordinated child-protection
framework.
Published Paper
Author Details
Authors: V. SURIYA RAJRegistration ID: 1013301 | Published Paper ID: IJLRA13301Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 551- 573
Article Information
FILICIDE IN INDIA: A DOCTRINAL STUDY OF CRIMINAL LIABILITY, MENTAL ILLNESS AND SENTENCING UNDER THE BHARATIYA NYAYA SANHITA, 2023 BY – V. SURIYA RAJ
Authors: V. SURIYA RAJ
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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