BNS Section 101 : Murder

Definition of BNS Section 101

Section 101 of the BNS 2023 States:
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.

Explanation and Illustration of BNS Section 101

Exception 1: Culpable homicide is not considered murder if the offender, due to sudden and serious provocation, loses control and causes the death of the person who provoked them, or accidentally causes the death of someone else. However, the provocation cannot be:
(a) Something the offender caused intentionally to use as an excuse for harming someone.
(b) Something done by a public servant in the lawful exercise of their duties.
(c) Something done while exercising the right of private defense.
Explanation: Whether the provocation was serious and sudden enough to prevent the act from being considered murder is determined on a case-by-case basis.

Let us see more illustration for better understanding
(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 by 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 given 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 considered murder if the offender, while genuinely trying to defend themselves or their property, goes beyond what the law allows and causes the death of the person they are defending against. This must happen without planning in advance and without intending to cause more harm than necessary for self-defense.
  
  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 considered murder if the offender is a public servant, or helping a public servant, who goes beyond their legal powers while performing their duty for public justice. If the death happens because of an action that they genuinely believe to be lawful and necessary, and they had no ill intentions towards the person who died, it is not murder.

• Exception 4.— Culpable homicide is not considered murder if it occurs during a sudden fight, in the heat of the moment, and without any premeditation. It is not murder if the offender did not take unfair advantage or act in a cruel or unusual way.
  Explanation.—It is immaterial in such cases which party offers the provocation or commits the first assault.

• Exception 5.—Culpable homicide is not considered murder if the person who dies, being over eighteen, willingly accepts the risk of death or consents to it.
  
  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.

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