Hello Devansh,
I have gone through your query and I understand your concern regarding the misuse of the “no intention to kill” concept for the purpose of legal defense in the murder cases. Here I would like to provide you with some bits of advice that might help you out.
In the cases concerning MURDER, the intention of the accused to kill is a very important concept for stating the difference between Culpable homicide and Murder as mentioned under Sections 299 and 300 of the Indian Penal Code, of 1860 (IPC).
As per the scenario that you have mentioned, where the accused is the one who is instigating, incapacitating, and subsequently fabricating false evidence would likely illustrate premeditation and knowledge of consequences. According to Explanation 1 of Section 300 of IPC, even if the initial act didn’t cause death, any other subsequent actions that reflect the deliberate attempt to cause or cover-up up the death will surely be considered Murder.
Referring to the case of Virsa Singh v. State of Punjab (1958) seems relevant here as in this case, the Supreme Court held that the intention and the knowledge of the act must be inferred from its nature and the circumstances.
As per the example you have given if the accused has shown a sign of a deliberate design for causing the death or create any false evidence for covering up the death of the person, then the defense of “no intention to kill”v is not going to succeed in any circumstances.
Additionally, fabricating the pieces of evidence is another offense under Section 201 of the IPC. The statement of the accused saying that they believed that the victim was already dead is of no use here.
Closely examining the facts and evidence in such cases to ensure the claims of “no intention” are likely to be recommended from my side.
I hope my answer was good enough to clarify the issue. If you need further assistance, then please feel free to connect with me on LinkedIn. (www.linkedin.com/in/pankhuri-rastogi-9221b2289)
Thank You.
