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July 16, 2025

Daily Legal Current : 16 July 2025/What is Blood Money?

Why in News? The execution of Nimisha Priya, an Indian nurse from Kerala, scheduled for July 16, 2025, in Yemen, was postponed, as reported on July 15, 2025. The case has drawn attention due to diplomatic efforts to secure her release through a “blood money” settlement and the challenges of negotiating with Houthi authorities in Sana’a, where India lacks formal diplomatic relations.

What is Blood Money?

“Blood Money” refers to compensation paid by an offender (or on their behalf) to the family of a victim of murder or bodily harm, in exchange for pardon or mitigation of punishment.
This practice is rooted in Islamic Sharia law, especially in Gulf and West Asian countries like Yemen, Saudi Arabia, and UAE. In Arabic, it is called “Diyya” (دية).

Blood Money in Indian Law:

1. Indian Penal Code (IPC) – No Direct Provision:

India does not formally recognize “blood money” in its criminal justice system.
The IPC treats murder and grievous offenses as crimes against the State, not just against individuals. Therefore:

  • Murder (Section 302 IPC) is punishable by death or life imprisonment.
  • Compromise is not allowed in cases of murder (Section 320 CrPC lists compoundable offences; murder is non-compoundable).
  • Even if the victim’s family forgives the offender or accepts compensation, the State proceeds with prosecution.

2. Indian Practice in International Cases:

However, India has assisted Indian citizens facing capital punishment abroad, especially in Gulf nations, through:

  • Negotiation of “Diyya” (Blood Money) with the victim’s family to save Indian nationals from the death penalty.
  • Indian embassies and community groups often raise funds for this purpose.
Examples:
  • Several cases of Indian workers in Saudi Arabia and UAE have been resolved through “blood money” settlements.
  • In the Nimisha Priya case, efforts are being made to negotiate with the victim’s family under Yemeni law, which allows such settlement.

 

Why India Supports Blood Money Abroad but Not Domestically:

Aspect India (Domestic Law) Gulf/West Asian Nations (Sharia-based Law)
Nature of Crime Crime against the State Crime against the victim (Qisas and Diyya system)
Compromise in Murder Cases Not allowed (State prosecutes regardless of family’s wishes) Allowed – Victim’s family can pardon or accept compensation
Indian Government Stance No “blood money” in Indian courts Facilitates “blood money” in foreign cases to protect Indian nationals

 

Legal and Ethical Debates in India:

  • Arguments Against Blood Money:
    • Justice is a State responsibility, not a private transaction.
    • May lead to economic coercion where the rich can buy freedom.
    • Undermines the principle of rule of law and deterrence.
  • Arguments For in International Context:
    • Protects Indian citizens from death penalties abroad.
    • Respects the local legal framework of the host country.
    • Seen as pragmatic diplomacy.

Conclusion:

India does not legally permit “blood money” or compromise in murder cases under Indian criminal law.
However, in cases like Nimisha Priya in Yemen, India supports negotiations under foreign legal systems to save lives, reflecting a diplomatic and humanitarian approach, even though it contrasts with domestic legal principles.

 


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