Introduction:
The legal landscape governing culpable homicide and murder is intricate, with Section 100 and Section 101 of The Bharatiya Nyaya Sanhita (BNS) offering a comprehensive framework to differentiate between the two. This article aims to dissect the legal provisions, providing a detailed exploration of the distinctions between murder and culpable homicide under Section 100 and Section 101 of BNS.
1. Intention and Causation:
Murder (Section 101): The core distinction lies in the accused's intention. Murder requires a clear intent to cause death or specific bodily injuries likely to result in death. The act causing death must be done with premeditation and a conscious desire to cause lethal harm.
Culpable Homicide: This encompasses cases where death occurs without a specific intent to cause death but involves varying degrees of intention to cause harm. It recognizes situations where the accused might not have intended death but engaged in actions leading to lethal consequences.
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2. Knowledge and Imminently Dangerous Acts:
Murder: Encompasses acts committed with knowledge that they are imminently dangerous, likely to cause death, or severe bodily harm. The accused knowingly engages in actions with the understanding that they may result in fatal consequences.
Culpable Homicide: Includes situations where the accused may not have a specific intent but engages in imminently dangerous acts. The focus is on the consequence of the act rather than a clear intention to cause death.
Exceptions (Exception 1 to Exception 5 of Section 101):
Exception 1 (Grave and Sudden Provocation):
Culpable homicide is not murder if caused by grave and sudden provocation, provided the provocation is not sought or voluntarily provoked by the offender.
Exception 2 (Exceeding Right of Private Defence):
Culpable homicide is not murder if the accused, in good faith, exceeds the power given by law in the exercise of the right of private defence without premeditation.
Exception 3 (Public Servants):
Public servants acting in good faith and exceeding powers given by law for the advancement of public justice may not be charged with murder.
Exception 4 (Sudden Fight): Culpable homicide is not murder if committed in a sudden fight during a sudden quarrel, without premeditation, undue advantage, or cruel/unusual behavior.
Exception 5 (Consent):
Death caused with the consent of a person above the age of eighteen is not murder.
4. Explanation on Provocation:
The section provides an explanation emphasizing that the gravity and suddenness of provocation are factual determinants in deciding whether the offense amounts to murder.
Conclusion:
Section 100 BNS and Section 101 of BNS intricately delineates the boundaries between culpable homicide and murder, emphasizing the crucial role of intention, knowledge, and circumstances in legal classifications. The exceptions provided in the section add layers of complexity, recognizing scenarios where culpable homicide may not be treated as murder. This nuanced legal framework ensures that the legal consequences align with the specific details and nuances of each case, fostering a more just and context-sensitive legal system.
Understanding the difference between Murder and Culpable Homicide in Bharatiya Nyaya Sanhita| BNS| Section 100 BNS and 101 BNS difference
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