Unintentional Killing – Mistake Killing
Section 8 Unintentional Killing – Mistake Killing
Criminal homicide constitutes mistake killing when:
- Death occurred because of the actor’s recklessness or negligence and it was avoidable if the actor had taken reasonable steps to avoid liability; or
- Death occurred because the actor’s acted unlawfully without excuse or necessity.
Section 8.1 Unintentional Killing – Mistake Killing Punishment
The punishment for unintentional homicide is:
- Diya of an amount of not less than….and not exceeding …….
- The court may also impose Ta’zir punishment of a fine not less than… and not exceeding … and/or imprisonment for a term not less than ….and not exceeding…
Explanatory Notes
Section 8.1 lists mandatory punishments of Diya and kaffarah for unintentional/mistake Homicide. The Kaffarah is to free a slave (which is not viable option nowadays), or alternatively, the offender ‘s fasting for two consecutive months, which cannot be monitored by the State. Accordingly, only Diya punishment can be imposed. Diya in unintentional homicide must be much lighter than Diya in Quasi intentional homicide. The State may also impose Ta’zir punishment of imprisonment if Diya is not sufficient to deter the offender from reoffending, e.g. the offender’s actions that cause death show utter disregard to the value of human life (for example driving a vehicle with gross recklessness at high speed or in a crowded neighborhood).
