Except in the cases hereinafter excepted, culpable homicide is murder,—
(a) if the act by which the death is caused is done with the intention of causing death; or
(b) if the act by which the death is caused is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; or
(c) if the act by which the death is caused is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or
(d) if the person committing the act by which the death is caused, knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.
Illustrations.
(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.
(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death.
(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z’s death.
(d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.
Exception 1.—Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident:
Provided that the provocation is not,—
(a) sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person;
(b) given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant;
(c) given by anything done in the lawful exercise of the right of private defence.
Explanation.—Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.
Illustrations.
(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z’s child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation.
(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide.
(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers.
(d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder.
(e) A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, in as much as the provocation was giving by a thing done in the exercise of the right of
private defence. (f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder.
Exception 2.—Culpable homicide is not murder if the offender in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence.
Illustration.
Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide.
Exception 3.—Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.
Exception 4.—Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender’s having taken undue advantage or acted in a cruel or unusual manner.
Explanation.—It is immaterial in such cases which party offers the provocation or commits the first assault. Exception 5.—Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.
Illustration.
A, by instigation, voluntarily causes Z, a child to commit suicide. Here, on account of Z’s youth, he was incapable of giving consent to his own death; A has therefore abetted murder.
Simplified Explanation
Section 101 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the crime of murder. This section defines murder and sets out the legal framework for punishing individuals who intentionally cause the death of another person.
What does Section 101 address?
Section 101 specifically deals with murder, defining it as the unlawful killing of a person with intent or knowledge that the act will result in the death of the victim. It provides the legal basis for prosecuting individuals who deliberately take the life of another without lawful justification.
Key Elements of the Offense under Section 101:
- Unlawful Killing:
- Murder involves the intentional killing of another person. It is an unlawful act, meaning it is not done in self-defense or under any legal justification (e.g., execution by the state or during war under authorized conditions).
- Intent to Kill:
- A key element in the crime of murder is intent. The person must have had the specific intention to kill or cause serious harm that is likely to result in death. This intent distinguishes murder from other forms of homicide (e.g., culpable homicide, which may occur without full intent to kill).
- Knowledge of Likely Death:
- Even if the person did not intend to kill, if they acted with knowledge that their actions were likely to result in death, it can still be classified as murder. For example, someone who shoots at another person, fully aware that the shot could kill them, can be charged with murder.
- No Legal Justification:
- Murder is unlawful because it lacks legal justification. If the killing is done in self-defense, defense of property, or under lawful orders (e.g., during wartime), it may not be classified as murder. The lack of justification or provocation is critical in establishing murder.
Punishment for the Offense:
- Imprisonment and/or death penalty: The punishment for murder under Section 101 can include life imprisonment or death, depending on the severity of the crime and the circumstances. The law typically imposes life imprisonment for murder, but in particularly egregious cases (e.g., premeditated, brutal, or involving multiple victims), the death penalty can be applied.
- The penalty is designed to reflect the gravity of intentionally taking another person’s life. Courts may also impose a fine in addition to imprisonment, depending on the circumstances.
Purpose and Protection:
The main objectives of Section 101 are:
- Deterrence: By criminalizing murder and imposing severe punishments, the law seeks to deter individuals from taking the law into their own hands or acting out of malice, anger, or revenge.
- Protecting human life: Murder is one of the most serious crimes because it involves the deliberate and unlawful taking of a person’s life. The law aims to uphold the sanctity of life by punishing those who commit such acts.
- Ensuring justice for victims: The section ensures that individuals who intentionally cause the death of another person face serious consequences for their actions, serving justice to the victim and their family.
Example scenarios under Section 101:
- Scenario 1: A person plans and carries out the killing of another individual, such as premeditatedly stabbing someone in a fit of rage. This would be classified as murder under Section 101 due to the intent to kill.
- Scenario 2: A person shoots at another individual, fully aware that the shot could kill them, and the victim dies. Even if the shooter did not intend to kill, the knowledge that the act could result in death makes this murder.
- Scenario 3: A person throws a heavy object at another person, knowing that it could cause fatal injury, and the person dies from the injury. This is murder because of the intent to cause harm and the knowledge that it would likely result in death.
In summary, Section 101 defines murder as the unlawful killing of another person with intent to kill or knowledge that the act will cause death. The law provides for severe penalties, including life imprisonment or the death penalty, to ensure that individuals who intentionally take another life are held accountable. This section is a crucial part of the legal framework to protect human life and prevent unlawful killings.
