Culpable Homicide Not Amounting to Murder under the Bharatiya Nyay Sanhita (BNS), 2023

Culpable homicide is not murder if it’s committed without premeditation, in a sudden fight, or in the heat of passion. It can also be considered culpable homicide if the death occurs by accident or mistake. 

Culpable Homicide Not Amounting to Murder is a crucial legal concept in Indian criminal law that distinguishes between different degrees of unlawful killings. Under the newly enacted Bharatiya Nyay Sanhita (BNS), 2023, which replaces the Indian Penal Code (IPC), this provision continues to hold significance in determining criminal liability. It recognizes that not all homicides are murders and ensures that punishments align with the nature and intent behind the act.

This article delves into the concept of Culpable Homicide Not Amounting to Murder under BNS Section 100, highlighting its definition, key elements, distinctions from murder, relevant legal provisions, punishments, judicial interpretations, and landmark cases.

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Definition and Meaning

Culpable Homicide Not Amounting to Murder, as defined under Section 100 of the Bharatiya Nyay Sanhita (BNS), 2023, refers to an act where a person causes death with knowledge or intention but without fulfilling the conditions required to classify the act as murder.

In simpler terms, if a person’s actions lead to someone’s death, but the circumstances do not fully satisfy the legal criteria for murder, the act is classified as culpable homicide not amounting to murder.

Key Elements:

1. Intent to cause death: The person committing the act must have the intent to cause death.
2. Intent to cause bodily harm likely to result in death: If the person intends to cause injury, knowing it could likely result in death, it falls under this category.
3. Knowledge that the act is likely to cause death: The accused is aware that their actions could result in death, even if they lack direct intent to kill.

The absence of premeditation or extreme recklessness differentiates this from murder.

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Distinction Between Culpable Homicide and Murder

The fundamental distinction between Culpable Homicide Not Amounting to Murder and Murder (under Section 101 of BNS) lies in the degree of intention and knowledge.

Basis	Culpable Homicide Not Amounting to Murder (BNS Sec. 100)	Murder (BNS Sec. 101)
Intent	Presence of intent or knowledge, but lacks extreme recklessness or premeditation.	Strong intent and direct motive to kill.
Degree of Fatality	Death is caused, but without extreme brutality or premeditation.	Death occurs due to an act that is brutal, deliberate, and planned.
Punishment	Lesser punishment compared to murder.	Harsher punishment due to the gravity of the offense.

Every murder is a culpable homicide, but not every culpable homicide is a murder.

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Legal Provisions under BNS, 2023

The Bharatiya Nyay Sanhita (BNS), 2023, retains the core provisions of culpable homicide, ensuring a clear distinction from murder while allowing flexibility in sentencing based on circumstances.

• Section 100: Defines Culpable Homicide Not Amounting to Murder and outlines its essential elements.
• Section 101: Defines Murder and specifies the additional conditions required to elevate a homicide to murder.
• Section 105: Prescribes punishment for Culpable Homicide Not Amounting to Murder.

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Punishment for Culpable Homicide Not Amounting to Murder

Under Section 105 of BNS, punishment varies based on the nature and intent behind the act:

1. If the act was committed with the intent to cause death or such bodily injury that is likely to cause death:
   • Punishment: Imprisonment for life or a term of 10 years, along with a fine.
2. If the act was committed with knowledge that it is likely to cause death but without intent:
   • Punishment: Imprisonment for a term of up to 10 years, along with a fine.

This graded punishment ensures that penalties match the severity of the offense.

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Exceptions Where Culpable Homicide is Not Murder

Under BNS Section 101, certain situations reduce the culpability of homicide, making it not amount to murder:

1. Sudden and grave provocation: If the accused acted in the heat of the moment due to an immediate and severe provocation, it may not be considered murder.
2. Exceeding the right to private defense: If a person unintentionally causes death while defending themselves, their family, or property, it may fall under this category.
3. Without premeditation in a sudden fight: If two individuals engage in an unplanned fight leading to death, it does not amount to murder.
4. Death caused by public servants in lawful duty: If a public servant, acting in good faith, causes death while performing their duty, it may not be considered murder.

These exceptions acknowledge human emotions, self-defense, and lawful actions while ensuring accountability.

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Landmark Cases Interpreting Culpable Homicide Not Amounting to Murder

Several landmark cases under the IPC (which closely aligns with BNS, 2023) have shaped the interpretation of culpable homicide not amounting to murder:

1. Reg v. Govinda (1876)
   • One of the earliest cases distinguishing murder from culpable homicide.
   • Held that if death is caused without extreme brutality or intent, it falls under culpable homicide.
2. K.M. Nanavati v. State of Maharashtra (1962)
   • The case involved sudden and grave provocation, highlighting the distinction between the two offenses.
   • The court ruled that murder requires strong intent, whereas culpable homicide can arise from provocation.
3. State of Andhra Pradesh v. Rayavarapu Punnayya (1976)
   • Clarified that culpable homicide and murder exist on a spectrum, distinguished by intent and degree of knowledge.
4. Virsa Singh v. State of Punjab (1958)
   • Established that an intention to cause bodily injury must be judged in connection with the probability of death.

These cases continue to influence modern judgments under the new Bharatiya Nyay Sanhita.

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Judicial Approach and Interpretation

The Indian judiciary has consistently emphasized intent, knowledge, and circumstances in determining whether an act constitutes culpable homicide or murder. Courts consider:

1. The severity of the act – Was the injury inflicted with brutal force?
2. The weapon used – Was it a dangerous weapon capable of causing death?
3. The intention behind the act – Was there a clear motive?
4. The medical evidence – What do forensic reports indicate about the cause of death?
5. The provocation involved – Was the act sudden and unplanned?

By analyzing these factors, courts ensure fair sentencing and justice.

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