Murder under BNS

Introduction 

The Bharatiya Nyaya Sanhita (BNS) 2023, which replaced the Indian Penal Code (IPC) 1860, represents a significant milestone in India's criminal law reform. Section 101 of the BNS, falling under Chapter 6 - "Offences affecting the human body or offences affecting life," provides a comprehensive framework for defining murder and distinguishing it from culpable homicide. This article examines the nuanced provisions of Section 101, its exceptions, and the legal principles that govern one of the most serious offences in criminal law. 

Definition of Murder under Section 101 

Section 101 of the BNS establishes that "culpable homicide is murder" under specific circumstances, marking a clear distinction between various degrees of homicidal acts. The section adopts a four-pronged approach to define murder: 

Core Elements of Murder 

• 1. Intentional Causation of Death [Clause (a)] The most straightforward form of murder occurs when an act is performed with the direct intention of causing death. This represents the classic premeditated murder where the accused harbors a clear intent to kill. 
• 2. Intention to Cause Fatal Bodily Injury [Clause (b)] Murder is established when the act causing death is done with the intention of causing bodily injury that the offender knows to be likely to cause death. This provision recognizes that murder can occur even without a direct intent to kill, provided there is knowledge of the probable fatal consequences. 
• 3. Intention to Cause Sufficient Bodily Injury [Clause (c)] When an act is performed with the intention to cause bodily injury, and the nature of such injury is sufficient in the ordinary course of nature to cause death, it constitutes murder. This clause captures scenarios where the accused may not have intended to kill but inflicted injuries that are naturally fatal. 
• 4. Knowledge of Imminently Dangerous Act [Clause (d)] The most comprehensive clause addresses situations where the person committing the act knows it is so imminently dangerous that it must, in all probability, cause death or likely fatal bodily injury, and commits such act without excuse for incurring the risk. 

The Five Exceptions: When Culpable Homicide is Not Murder 

• Exception 1: Grave and Sudden Provocation 
  • Culpable homicide does not amount to murder when the offender, acting under sudden and grave provocation, loses self-control and causes death. However, this exception has important limitations: 
    • The provocation cannot be self-induced as an excuse for harm 
    • Actions by public servants in lawful discharge of duties do not constitute provocation 
    • Exercise of the right of private defense cannot be treated as provocation 
• Illustrative Cases: The law provides several illustrations demonstrating the application of this exception. For instance, when A kills Y's child under provocation from Z, it remains murder because the provocation was not given by the victim. However, if A accidentally kills a bystander while acting under genuine provocation, it may only constitute culpable homicide. 
• Exception 2: Exceeding the Right of Private Defense 
  • When a person genuinely attempts to defend themselves or their property but exceeds the legal boundaries of self-defense without premeditation, the resulting death may not constitute murder. The key requirements are: 
  • Good faith exercise of the right of private defense 
  • No premeditation or deliberate intent to cause excessive harm 
  • Death resulting from actions beyond what law permits for self-defense 
• Exception 3: Public Servant Exceeding Powers 
  • This exception protects public servants or those assisting them who exceed their legal authority while performing duties for public justice. The death must result from actions the servant genuinely believed to be lawful and necessary, without malicious intent toward the deceased. 
• Exception 4: Sudden Fight 
  • Death occurring during a sudden fight, in the heat of passion, without premeditation, does not constitute murder if: 
  • The fight was sudden and unpremeditated 
  • Neither party took unfair advantage 
  • No cruel or unusual methods were employed 
  • It is immaterial which party initiated the provocation 
• Exception 5: Consent of the Deceased 
  • Culpable homicide is not murder when the deceased, being over eighteen years of age, voluntarily consented to the risk of death or to death itself. This exception recognizes the principle of autonomous decision-making by adults. 

Distinction from IPC Section 300 

While Section 101 of the BNS maintains the essential framework of the former IPC Section 300, notable changes include: 

• Replacement of "Secondly, thirdly, and fourthly" with clauses (a), (b), (c), and (d) 
• Substitution of the word "it" with "the act by which death is caused" for greater clarity 
• Retention of the fundamental legal principles while improving linguistic precision