Section 101 BNS: Murder - Meaning, Ingredients and Exceptions
Section 101 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines when culpable homicide amounts to murder. The section contains four substantive clauses and five statutory exceptions.
Section 101 BNS - Murder
101. 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 to the four clauses
(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.
Essential ingredients of murder under Section 101
Section 101 operates on the foundation of culpable homicide. In practical terms, the prosecution must first establish a death caused by the accused with the mental element required by Section 100. The case then amounts to murder if one of the following higher degrees of intention or knowledge is proved and no exception applies:
Clause (a): Intention to cause death. The act causing death is itself done with the purpose of causing death.
Clause (b): Intention plus special knowledge. The offender intends bodily injury and knows that, because of the particular victim's condition or circumstances, that injury is likely to cause that person's death.
Clause (c): Injury sufficient in the ordinary course of nature. The offender intends the particular bodily injury, and that intended injury is objectively sufficient in the ordinary course of nature to cause death.
Clause (d): Imminently dangerous act. The offender knows the act is so imminently dangerous that it must, in all probability, cause death or bodily injury likely to cause death, and acts without an excuse for taking that risk.
Five exceptions where culpable homicide is not murder
Exception 1 - Grave and sudden provocation
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.
The exception is subject to three limitations: the provocation must not be sought or voluntarily provoked by the offender as an excuse for killing or doing harm; it must not arise from anything done in obedience to law or by a public servant lawfully exercising powers; and it must not arise from anything done in the lawful exercise of the right of private defence. Whether the provocation was grave and sudden enough is a question of fact.
Illustrations to Exception 1
(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 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 - Exceeding the right of private defence
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 by law and causes death 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 - Public servant exceeding lawful powers in good faith
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 by law and causes death by doing an act which the offender in good faith believes to be lawful and necessary for the due discharge of duty, and acts without ill-will towards the person whose death is caused.
Exception 4 - Sudden fight
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 having taken undue advantage or acted in a cruel or unusual manner. It is immaterial which party offered the provocation or committed the first assault.
Exception 5 - Consent to death or risk of death
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 that person's own consent.
Illustration: A, by instigation, voluntarily causes Z, a child, to commit suicide. On account of Z's youth, Z was incapable of giving consent to his own death; A has therefore abetted murder.
Related BNS provisions
Section 101 defines murder but does not itself prescribe the punishment. Section 103 BNS contains the punishment for murder. Other closely connected provisions include Section 102, Section 104, Section 105, Section 106, and Section 109.
Official legal resources
For the authoritative statutory text and commencement details, refer to the Bharatiya Nyaya Sanhita, 2023 on India Code. The Act is administered by the Ministry of Home Affairs and has been in force from 1 July 2024.
This page is intended for general legal information and statutory reference. For advice on a specific criminal case, consult a qualified legal professional.