Section 101 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 101 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines and prescribes punishment for the offense of murder, aligning closely with the provisions of the Indian Penal Code (IPC), 1860. It outlines the circumstances under which culpable homicide is considered murder and specifies the penalties for individuals and groups involved in such offenses.(
๐ Text of Section 101
Section 101: Murder
Except in the cases hereinafter excepted, culpable homicide is murder,โโ
(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.
โ๏ธ Correspondence with Indian Penal Code (IPC)
Section 101 of the BNS, 2023, corresponds to Section 300 of the Indian Penal Code (IPC), 1860, which defines murder and outlines the circumstances under which culpable homicide is considered murder. The BNS retains the essence of these provisions, with some modifications in terminology and structure.
๐งพ Key Elements of Murder under Section 101
Intentional Killing: An act done with the specific intention of causing death.
Intentional Bodily Injury Likely to Cause Death: An act done with the intention of causing bodily injury that the offender knows is likely to cause death.
Sufficient Bodily Injury: An act done with the intention of causing bodily injury, and the injury intended to be inflicted is sufficient in the ordinary course of nature to cause death.
Imminently Dangerous Act: An act that is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, committed without any excuse for incurring the risk.
โ๏ธ Punishment for Murder
Section 101(1) stipulates that:
Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.
Section 101(2) addresses group offenses:
When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other ground, each member of such group shall be punished with death or with imprisonment for life or imprisonment for a term which shall not be less than seven years, and shall also be liable to fine.
๐ Purpose and Protection
The primary purpose of Section 101 is to provide a clear legal framework for prosecuting and punishing individuals and groups who commit murder. By defining the circumstances under which culpable homicide constitutes murder and prescribing stringent penalties, the law aims to deter individuals from engaging in unlawful killings and to ensure justice for victims and their families.
๐งพ Illustrative Example
If an individual intentionally shoots another person with the aim of causing death, and the victim dies as a result, the shooter would be charged under Section 101 for murder. Similarly, if a group of individuals conspires to kill someone based on discriminatory grounds such as caste or religion, each member of the group would face the penalties outlined in Section 101(2)
In summary, Section 101 of the BNS, 2023, serves as a comprehensive provision that defines murder, outlines the conditions under which culpable homicide is considered murder, and prescribes appropriate punishments for individuals and groups involved in such offenses.
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