Honour killing, a heinous crime rooted in patriarchal mindsets and social stigmas, is a grave violation of fundamental human rights. In India, honour killings often occur when individuals defy familial or societal expectations, particularly in matters of marriage and relationships. Sections 302 (murder), 307 (attempt to murder), and 120B (criminal conspiracy) of the Indian Penal Code (IPC) are traditionally invoked in prosecuting such cases.

This article critically examines honour killings within the Indian legal framework, including the corresponding provisions in the Bharatiya Nyaya Sanhita, 2023 (BNS), focusing on sections 103, 109, and 61. We analyze legal provisions, case precedents, and challenges, emphasizing the role of stringent law enforcement in combating these crimes.

Introduction
Honour killings, which involve the murder of individuals to protect the "honour" of a family, often reflect deeply entrenched patriarchal norms. Typically, these crimes arise when family members perceive that an individual's actions—such as marrying outside one's caste, religion, or social group-have brought "shame" upon the family. Honour killings are internationally recognized as human rights abuses, yet they persist due to societal endorsement in certain communities.

The Indian judiciary and legislature have made attempts to combat honour killings through the criminal justice system, invoking charges under sections such as 302, 307, and 120B of the IPC, and, more recently, sections 103, 109, and 61 of the BNS, reflecting a stronger stance against this form of violence.

Legal Provisions in IPC and BNS

• Section 302 IPC / Section 103 BNS (Punishment for Murder) Section 302 of the IPC prescribes the death penalty or life imprisonment for murder, depending on the severity of the crime and the circumstances surrounding it. Honour killings fall under this section as they involve deliberate, premeditated murders with malice aforethought. Under section 103 of the BNS, a similar punishment structure is upheld, reflecting the legislator's intent to retain stringent penalties for murder, particularly those that are socially motivated.
   
• Section 307 IPC / Section 109 BNS (Attempt to Murder) Section 307 of the IPC, dealing with attempts to murder, prescribes imprisonment up to life depending on the gravity and intent behind the attempt. In the context of honour killings, this section is applicable when the accused fails to complete the act of murder, either due to intervention or other circumstances. Section 109 of the BNS aligns with this, providing stringent penalties for attempted murder, emphasizing the act's seriousness, especially in cases motivated by honour.
   
• Section 120B IPC / Section 61 BNS (Criminal Conspiracy) Section 120B of the IPC penalizes criminal conspiracy, particularly where two or more individuals conspire to commit a crime. In honour killings, the family members involved often conspire collectively, planning the act to restore their so-called "honour." Section 61 of the BNS addresses criminal conspiracy similarly, incorporating provisions to ensure that all conspirators in an honour killing case can be held accountable, including those who may not have directly participated in the act but supported or planned it.

Legal Precedents and Case Analysis

• Lata Singh v. State of U.P. (2006) 5 SCC 475 In this case, the Supreme Court denounced honour killings and recognized the constitutional right of individuals to choose their partners. The court asserted that interference by families or communities in consensual relationships and marriages is unlawful and directed strict action against perpetrators involved in honour killings.
   
• Bhagwan Dass v. State (NCT of Delhi) (2011) 6 SCC 396 Here, the Supreme Court observed that honour killings could not be justified under any cultural or social practice. It reiterated that honour killings fall within the purview of "rarest of rare" cases, warranting capital punishment under Section 302 IPC.
   
• Shakti Vahini v. Union of India (2018) 7 SCC 192 This landmark judgment addressed the role of community-based councils, such as khap panchayats, in inciting honour-based violence. The court directed state authorities to take preventative measures to protect couples facing threats, highlighting the duty of law enforcement to intervene proactively.

Challenges and Legal Gaps

• Community Endorsement and Societal Pressure: In many honour killing cases, entire communities endorse the crime, making it difficult for law enforcement to gather evidence or witnesses willing to testify.
• Involvement of Family Members: Honour killings often involve close family members, who may obscure evidence, fabricate alibis, or exert pressure on victims' friends and relatives to prevent the case from reaching trial.
• Influence of Khap Panchayats: Community-based councils in rural India, such as khap panchayats, exert substantial influence in enforcing traditional norms and often promote the social acceptability of honour killings.
• Evidentiary Challenges: Obtaining direct evidence is a common challenge, as family members who are part of the crime may not leave evidence trails or may cover up the murder as a suicide or accident.

Legislative and Judicial Recommendations

• Fast-track Courts: Establishing fast-track courts specifically for honour killing cases could reduce delays in justice and act as a deterrent for potential perpetrators.
• Protective Mechanisms: Introducing robust protective measures for couples and families under threat can safeguard lives and ensure freedom of choice in marriage and relationships.
• Training for Law Enforcement: Law enforcement agencies must be sensitized and trained to handle honour killing cases with impartiality and diligence. Investigative officers should also be trained to collect evidence efficiently, ensuring perpetrators do not evade justice due to lack of evidence.
• Public Awareness Campaigns: The government and non-governmental organizations can collaborate to raise awareness against honour-based violence, challenging the social and cultural norms that perpetuate it.

Conclusion
Honour killings in India represent a severe human rights violation, grounded in outdated social customs that undermine constitutional rights. Despite stringent provisions under the IPC and BNS, including sections 302/103, 307/109, and 120B/61, enforcing the law remains challenging due to societal pressures and evidentiary obstacles. However, with judicial directives, proactive law enforcement, and comprehensive legislative measures, the fight against honour killings can achieve more concrete outcomes. Honour killing cases must be approached with the utmost seriousness, ensuring that the rule of law triumphs over regressive social norms.

Also Read:

• Honour killing in India
• Honor Killing In India: An Analysis On Indian Statutes