Context: Nurse Nimisha Priya from Kerala was sentenced to death by a Yemen court for murdering her business partner. Debates are ongoing around her acquittal and repatriation through ‘blood money.’
Relevance of the Topic: Prelims: Basic understanding of the terms ‘Blood Money’, ‘Plea Bargaining’.
About ‘Blood Money’?
- Known as ‘diya’ in Islamic Sharia law, it involves monetary compensation paid by the perpetrator to the victim’s family in cases of unintentional murder, culpable homicide, or when the victim’s family forgoes retaliation (qisas).
- Its objective is to alleviate the suffering of the victim’s family, not to price human life.
- Even after reconciliation via ‘blood money,’ the state/community may impose additional penalties.
Contemporary Applications
- Saudi Arabia: Compensation for road accident victims or workplace deaths is determined by Sharia courts or committees.
- Iran: Gender and religion influence compensation; recent efforts toward equalisation have remained incomplete.
- Pakistan: Incorporated ‘diya’ and ‘qisas’ into mainstream law through the 1991 Criminal Laws Amendment.
- Yemen: Present, but judicial oversight ensures fairness in compensation agreements.
India’s Position on ‘Blood Money’
- No Blood Money: Indian legal and penal system does not recognise or have provisions for ‘blood money.’
- Plea Bargaining, as an alternative:
- The Indian legal system does provide provisions for Plea Bargaining, introduced through the Criminal Law (Amendment) Act, 2005.
- Plea bargaining allows the accused to plead guilty for concessions offered on a charge or a sentence.
- Charge concession: The defendant may plead guilty for one of the several charges or a less severe charge in return for dismissal of other charges.
- Sentence concession: The accused may plead guilty in exchange for a reduced sentence than what is prescribed for the concerned offence.
- Limitations: Applicable for offences with imprisonment under seven years, provision is also not available for heinous crimes and offences against women or children.
- Victim Compensation: Section 265E of CrPC allows victims to receive compensation during the process of plea bargaining.
Indian cases of Pardons via Blood Money abroad
- Recent examples:
- 2019: Arjunan Athimuthu’s death sentence in Kuwait commuted to life imprisonment after ₹30 lakh payment.
- 2006: Abdul Rahim’s death sentence in Saudi Arabia was pardoned after ₹34 crore was paid but remains in prison.
- 2017: Ten Indians in the UAE pardoned after paying 200,000 dirhams.
- 2009: Seventeen Indians pardoned in the UAE after paying ₹4 crore equivalent in dirhams.
- Nimisha Priya: Iran assured India of reviewing her case, leaving the outcome uncertain.













