BNS Section 101 : Murder Explained

Section 101 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It addresses circumstances where causing harm in self-defense may not amount to murder. The section provides a framework distinguishing between acts of culpable homicide and murder when the right of private defense is exercised.

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 Section 101 (Bharatiya Nyaya Sanhita, 2023)

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.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points in Section 101

Section 101 of the Bharatiya Nyaya Sanhita (2023) defines the limits and conditions under which a culpable homicide is a murder.

Definition of Murder:

Intention to Cause Death: Murder is established when an act is done with the specific intention of causing death.

Intention to Cause Bodily Injury Likely to Cause Death: If the act causing death is done with the intention of causing bodily injury that the offender knows is likely to lead to death.

Intention to Cause Bodily Injury Sufficient to Cause Death: When the act is performed with the intention to cause bodily injury, and the nature of the injury is such that it is ordinarily sufficient to cause death.

Knowledge of Imminently Dangerous Act: Murder also applies if the act is known to be so dangerous that it is likely to cause death or severe bodily injury, and the act is done without justification for taking such a risk.

Elements of the Offense:

Intention: Direct intent to kill or to cause an injury known to be likely fatal.

Dangerous Act: An act that is inherently dangerous and is performed with knowledge of its potential to cause death or severe injury.

Exceptions:

Cases Excepted: Certain scenarios may fall outside this definition of murder, which would be specified in other legal provisions or exceptions not covered in this section.

Implications:

Severity: Murder represents the most severe form of culpable homicide, distinguished by the presence of intent or knowledge of the act’s dangerousness.

Scope: This definition includes both direct and indirect forms of lethal intent and recognizes the severity of acts done with an awareness of their dangerous nature.

Differences Between Section 101 of BNS 2023 and its equivalent IPC section

This section outlines the key differences between Section 101 and its equivalent Indian penal code IPC section 300 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.

BNS Sections/ Subsections	Subject	IPC Sections	Summary of comparison
101	Murder.	300	Formal changes, but essence is the same, Secondly, thirdly, and fourthly, are replaced by clauses (a), (b), (c), and (d). The word 'it' is replaced by the words 'the act by which death is caused'.

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FAQs about Section 101 of the Bharatiya Nyaya Sanhita (BNS)

What does Section 101 of the BNS cover?

Section 101 deals with situations where culpable homicide does not amount to murder. It outlines exceptions in cases involving provocation, private defense, sudden fights, acts of public servants, and consent, ensuring proportionality and the absence of premeditation.

What is the primary focus of Section 101?

The section focuses on distinguishing between culpable homicide and murder, providing specific exceptions where causing death is not considered murder, such as in cases of grave provocation or good faith actions in private defense.

Does sudden provocation make homicide non-murder under Section 101?

Yes, if grave and sudden provocation causes a loss of self-control, resulting in death, it may be treated as culpable homicide rather than murder, provided the provocation wasn’t self-induced or unlawful.

What role does private defense play in Section 101?

If a person, in exercising the right of private defense, exceeds the lawful limits and unintentionally causes death, the act may qualify as culpable homicide rather than murder under Section 101.

How does Section 101 address actions by public servants?

A public servant acting in good faith and exceeding lawful authority, causing death without malice or premeditation, may be exempted from murder charges under this section.

What is the significance of sudden fights in Section 101?

Deaths caused in sudden fights, during the heat of passion, and without premeditation or undue cruelty, may fall under culpable homicide rather than murder, recognizing the emotional nature of such situations.

Does consent make a difference in Section 101?

Yes, if the deceased, being above 18 years of age, voluntarily consents to the risk of death, the act causing death may not amount to murder under Section 101.