1.Blood Money versus Plea Bargaining (Criminal Justice)
What & Where
Blood money (diya) — monetary compensation under Sharia for unintentional murder or when heirs waive qisas.
Current case: Indian nurse on Yemen death row; talks ongoing for diya-based acquittal.
Even after victim–offender settlement, Yemen state can still impose penal sanction.
Quick Facts for MCQs
Legal & Policy
- Constitution Article 20 limits ex-post penalties; diya absent from IPC/BNSS corpus.
- Plea bargaining requires voluntary written application and judicial satisfaction.
- State prosecution in India retains authority irrespective of private settlements.
International Example
- West Asian nations incl. Saudi, UAE, Yemen operationalise diya with set tariff values.
- Diplomatic missions often mediate fundraising from expatriate communities for diya.
Historical Context
- Arthashastra prescribed quantified fines scaled by varna and gravity.
- Manusmriti emphasised monetary atonement when corporal punishment waived.
Key Data Points
| Feature | Data-Point |
|---|---|
| Governing faith-law | Sharia |
| Crime types eligible for diya | Unintentional homicide, culpable homicide |
| India’s stance on diya | Not recognised in domestic law |
| Rough Indian analogue | Plea bargaining (CrPC Ch. XXIA) |
| Plea bargaining brought by | Criminal Law (Amendment) Act 2005 |
| Offence ceiling for plea deal | Max imprisonment < 7 years |
| Excluded offences | Murder, rape, crimes vs women/children <14 |
| Victim compensation via plea | Permitted, court-monitored |
| Classical Indian precedent | Arthashastra & Manusmriti fine-based reparations |













