31/10/2025
Murder and culpable homicide #*Murder and Culpable Homicide under BNS*
In the Bharatiya Nyaya Sanhita (BNS), murder and culpable homicide are defined under Sections 100 and 101, respectively.
*Culpable Homicide (Section 100 BNS)*
Culpable homicide occurs when someone causes death by doing an act with the intention of causing death or bodily injury likely to cause death. This can also happen when someone knows their act is likely to cause death.
*Murder (Section 101 BNS)*
Culpable homicide amounts to murder if it's done with the intention of causing death. Murder is considered a more severe offense than culpable homicide, with the primary distinction being the intention and certainty of causing death.
*Key Differences*
- *Intention*: Murder requires a clear intention to cause death, while culpable homicide may involve an intention to cause bodily harm that results in death.
- *Certainty*: Murder involves a higher degree of certainty that the act will result in death, whereas culpable homicide involves some uncertainty.
- *Punishment*: Murder is punishable under Section 103 BNS, which may include death or life imprisonment, while culpable homicide not amounting to murder is punishable under Section 105 BNS, with imprisonment ranging from 5 to 10 years or life imprisonment ¹ ².
*Exceptions to Murder*
There are exceptions where culpable homicide may not amount to murder, such as:
- *Sudden Provocation*: When someone acts in the heat of passion without premeditation.
- *Self-Defense*: When someone exceeds their right to private defense.
- *Lawful Public Obligations*: When a public servant exceeds their powers in good faith ¹ ³.
Would you like to know more about the punishments or exceptions related to murder and culpable homicide under BNS
