Code: Section 101 BNSS
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
Illustrations of Section 101 BNSS
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Illustration 1: Direct Intent to Kill
A shoots Z with the intention of killing him. Z dies as a result. A is guilty of murder.
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Illustration 2: Knowledge of the Risk
A, knowing that Z has a pre-existing health condition that makes a blow likely to be fatal, strikes Z intending to cause bodily injury. Z dies as a result. Even though the blow may not have been fatal to a healthy person, A is guilty of murder.
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Illustration 3: Sufficient Injury
A strikes Z with a sword or club with enough force to cause death in the ordinary course of nature. Z dies from the injury. A is guilty of murder even if he did not intend to kill Z directly.
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Illustration 4: Imminent Danger
A fires a loaded cannon into a crowd, intending to cause harm. One person in the crowd dies. A is guilty of murder, even if he did not intend to kill any particular person.
Exceptions to Murder Under Section 101 BNSS
Exception 1: Provocation
Culpable homicide does not amount to murder if the offender was deprived of self-control by grave and sudden provocation and caused death as a result. The provocation must not have been sought by the offender or done in the course of lawful duty.
Example 1:
A kills Z in a fit of rage after Z gives grave and sudden provocation. However, if A kills Z’s child in his anger, it is murder.
Example 2:
A shoots Z, but Z’s provocation was not sufficient to justify killing, so A is guilty of murder.
Exception 2: Right of Private Defence
If a person exceeds the right of private defence, the act of causing death is not murder if done in good faith and without premeditation.
Example:
A, believing he was in danger, shoots Z during an assault. Since A acted in good faith to protect himself, this is culpable homicide, not murder.
Exception 3: Public Servant’s Actions
A public servant or someone assisting one may be excused from murder if they acted in good faith to discharge their duties, even if their actions exceed their powers.
Exception 4: Sudden Fight
In a sudden quarrel, where both parties act in the heat of passion and no undue advantage or cruelty is involved, the death caused is not murder.
Example:
A kills Z in a sudden fight, but there was no prior intent or cruelty, and the action was spontaneous—this is not murder.
Exception 5: Consent of the Person Killed
If the deceased consents to the risk of death, and is above 18 years of age, the death is not murder.
Example:
A encourages Z to commit suicide, but since Z is too young to consent, A has committed murder.
Common Questions and Answers on Section 101 BNSS
1. What constitutes murder under Section 101?
- Answer: Murder is defined as the intentional or knowing act of causing death or bodily injury with the likelihood of death, and it includes situations where the act is imminently dangerous to life.
2. Can provocation excuse an act of murder?
- Answer: Yes, if the provocation is sudden and grave enough to deprive the offender of self-control, it may reduce the charge to culpable homicide instead of murder.
3. How does the right of private defence affect a case of murder?
- Answer: If an individual exceeds the right of private defence but acts in good faith, the killing is not considered murder.
4. Does acting under the influence of passion reduce a murder charge?
- Answer: In cases of sudden quarrels where no undue advantage was taken, the death caused is not considered murder, but culpable homicide.
Conclusion
Section 101 BNSS lays down the conditions under which culpable homicide is considered murder. It includes various circumstances such as intentional killing, knowledge of the risk of death, and actions that cause fatal injury. The section also provides exceptions that can reduce charges from murder to culpable homicide, based on provocation, the right of private defence, or the nature of the fight.
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