Did Shah Rukh Khan Really Murder Shilpa Shetty in 'Baazigar' or Was it Culpable Homicide?
Shah Rukh Khan killing Shilpa Shetty in 'Baazigar' was enough to spark controversy back in the day.
Image credits: Venus Movies / YouTube
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A scene from Baazigar, a crime-thriller, which starred Shah Rukh Khan, Kajol, and Shilpa Shetty in the lead nearly 25 years ago, is now being used to teach law to Indian citizens.
In case you don't remember, this was the plotline.
Driven by the deaths of his father and sister thanks to Madan Chopra (Dalip Tahil), Ajay/Vicky (SRK) seeks revenge against him and his two daughters Seema (Shilpa Shetty) and Priya (Kajol). Ajay/Vicky then goes on a killing spree, murdering several in the act. Playing the unlikely anti-hero, a role once turned down by Salman Khan, Shah Rukh Khan went on to win his first Filmfare Award for the movie which eventually cemented his place in the industry.
However, the movie left the desi janta shocked because it didn't adhere to the typical "Bollywood formula." The 'hero' kills one of the female leads (Shilpa Shetty) which was enough to spark controversy back in the day.
But did Ajay/Vicky really murder Seema (Shilpa Shetty) or was it a culpable homicide?
Nyaaya, a Twitter account, dedicated to explaining Indian laws to netizens, took a deep dive into the infamous scene.
According to section 300 of the Indian Penal Code (IPC), all murders are culpable homicides, but the reverse is not true, states the account.
SRK took her to terrace with an intention to kill her. AND had the knowledge that it was a tall building and Shilpa Shetty's fall on the concrete would result in her death. In short, culpable homicide amounting to murder would be slapped against him.
"In Baazigar, it is murder, because there is both Mens Rea as well as Actus Reus. Mens Rea means the intention behind the act. Actus Reus is the actual conduct of the act. Both these factors exist here. He knew that throwing her from a height to the concrete would kill her."
However, had SRK pushed her in the spur of the moment, then it may not have amounted to murder, explains the Twitter account.
In fact, even if SRK had thrown her in a not-so-deep pool (resulting in her death) which he believed wouldn't kill her, he would've still gotten away with the murder charges. It would still be considered culpable homicide NOT amounting to murder.
TL;DR: Shah Rukh Khan had the intention to kill Shilpa Shetty and the knowledge that doing so will kill her. So it was, in fact, murder.
You can check the Twitter thread here.
In case you don't remember, this was the plotline.
Driven by the deaths of his father and sister thanks to Madan Chopra (Dalip Tahil), Ajay/Vicky (SRK) seeks revenge against him and his two daughters Seema (Shilpa Shetty) and Priya (Kajol). Ajay/Vicky then goes on a killing spree, murdering several in the act. Playing the unlikely anti-hero, a role once turned down by Salman Khan, Shah Rukh Khan went on to win his first Filmfare Award for the movie which eventually cemented his place in the industry.
However, the movie left the desi janta shocked because it didn't adhere to the typical "Bollywood formula." The 'hero' kills one of the female leads (Shilpa Shetty) which was enough to spark controversy back in the day.
But did Ajay/Vicky really murder Seema (Shilpa Shetty) or was it a culpable homicide?
Nyaaya, a Twitter account, dedicated to explaining Indian laws to netizens, took a deep dive into the infamous scene.
#LawinMovies #Murder Remember that scene in #Baazigar where @iamsrk throws @TheShilpaShetty off the balcony? Was that murder? Or was it culpable homicide? pic.twitter.com/eMqKs6IjLM
— Nyaaya (@NyaayaIN) August 3, 2018
According to section 300 of the Indian Penal Code (IPC), all murders are culpable homicides, but the reverse is not true, states the account.
All murders are culpable homicides, but the reverse is not true. S.300 of the IPC mentions 4 conditions for murder https://t.co/LSGn3oNKW7 — Nyaaya (@NyaayaIN) August 3, 2018
The main difference is the degree of certainty of death. It depends on the probability of whether the act will lead to death.
— Nyaaya (@NyaayaIN) August 3, 2018
SRK took her to terrace with an intention to kill her. AND had the knowledge that it was a tall building and Shilpa Shetty's fall on the concrete would result in her death. In short, culpable homicide amounting to murder would be slapped against him.
"In Baazigar, it is murder, because there is both Mens Rea as well as Actus Reus. Mens Rea means the intention behind the act. Actus Reus is the actual conduct of the act. Both these factors exist here. He knew that throwing her from a height to the concrete would kill her."
In Baazigar, it is murder, because there is both Mens Rea as well as Actus Reus. Mens Rea means the intention behind the act. Actus Reus is the actual conduct of the act. Both these factors exist here. He knew that throwing her from a height to the concrete would kill her.
— Nyaaya (@NyaayaIN) August 3, 2018
We can also see that he had planned this act in detail. Finally, he did go through with the act as planned.
— Nyaaya (@NyaayaIN) August 3, 2018
However, had SRK pushed her in the spur of the moment, then it may not have amounted to murder, explains the Twitter account.
With a few differences, this could have been culpable homicide. If he pushed her in the spur of the moment, without intending to throw her off, and she fell down, then it may not be murder. — Nyaaya (@NyaayaIN) August 3, 2018
In fact, even if SRK had thrown her in a not-so-deep pool (resulting in her death) which he believed wouldn't kill her, he would've still gotten away with the murder charges. It would still be considered culpable homicide NOT amounting to murder.
Also if he had thrown her in a pool which he believes is not deep enough to kill someone then it would have been culpable homicide.
— Nyaaya (@NyaayaIN) August 3, 2018
The distinction is delicate, and this is usually decided on a case to case basis. — Nyaaya (@NyaayaIN) August 3, 2018
TL;DR: Shah Rukh Khan had the intention to kill Shilpa Shetty and the knowledge that doing so will kill her. So it was, in fact, murder.
You can check the Twitter thread here.