Section 101 BNS

100. Murder.- 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.

    Final Thoughts

    Introduction

    Section 101 of the Bharatiya Nyaya Sanhita (BNS) defines the conditions when culpable homicide becomes murder. The section provides four main situations (clauses a to d) where an act of killing is treated as murder, not just homicide. The section also lists five exceptions, where even if a person causes death, the offence will not be called murder but only culpable homicide.

    When Culpable Homicide is Murder

    According to Section 101 BNS, a person commits murder when he causes death in any of the following four situations:

    Clause (a) – Intention to cause death: If a person intentionally kills another person, it is murder.

    Example: A shoots B with the clear intention to kill him. B dies. This is murder.

    Clause (b) – Intention to cause bodily injury knowing it is likely to cause death: If someone causes injury, knowing that the person is weak or sick and that the injury is likely to cause death, it is murder.

    Example: A knows that Z has a heart disease. A hits Z in the chest, intending to hurt him. Z dies because of the blow. This is murder.

    Clause (c) – Injury sufficient to cause death in ordinary course of nature: If a person gives such an injury that is normally enough to cause death, it is murder – even if there was no intention to kill.

    Example: A hits Z with a sword on the head, causing a deep wound. This injury is enough to cause death in normal conditions. Z dies. A is guilty of murder.

    Clause (d) – Act so dangerous that death is almost certain: If a person commits a very dangerous act, knowing that it will most likely cause death, and still does it without any justification, it is murder.

    Example: A fires a loaded cannon into a crowd without any reason. One person dies. This is murder.

    When Culpable Homicide is Not Murder

    There are five exceptions under Section 101 that reduce the offence from murder to culpable homicide not amounting to murder, based on the circumstances:

    Exception 1 – Sudden and Grave Provocation: If a person is provoked suddenly and seriously, and loses self-control and kills someone, it is not murder. However, some conditions apply:

    Examples:

    Exception 2 – Exceeding Right of Private Defence: If a person, while protecting himself or his property, exceeds the legal limit of self-defence and causes death without pre-planning, it is not murder.

    Example: Z tries to beat A with a stick. A fears serious harm and shoots Z. If A genuinely believed there was danger, it is not murder, but culpable homicide.

    Exception 3 – Public Servant Acting in Good Faith: If a public servant, while performing his duty, exceeds his powers, causes death in good faith, and without ill-will, it is not murder.

    Exception 4 – Sudden Fight without Cruelty: If the death happens during a sudden fight, without any pre-plan and without any party acting in a cruel or unusual way, it is not murder. Note: It does not matter who started the fight.

    Exception 5 – Consent of the Deceased: If the person who died was above 18 years of age, and knowingly accepted the risk of death, then it is not murder.

    Example: If a child commits suicide after being encouraged by someone, it is murder because a child cannot legally give consent.

    Conclusion

    Section 101 BNS gives a clear guideline on when a death-causing act becomes murder. The law mainly looks at the intention, knowledge, and circumstances behind the act. It also protects people who act under sudden provocation, good faith, or in self-defence.