Murder Under Bhartiya Nyay Sanhita (BNS)

Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction.

Murder is one of the most serious criminal offenses under the Bhartiya Nyay Sanhita (BNS), 2023. It is classified as an intentional act that results in the unlawful killing of a person. The law defines murder, prescribes its punishments, and distinguishes it from other forms of homicide.

Definition of Murder Under BNS

According to Section 103 of the Bhartiya Nyay Sanhita, murder is defined as culpable homicide with the presence of intention, knowledge, or the commission of an act so imminently dangerous that death is highly probable. If an individual intentionally causes death or intends to cause bodily harm that is likely to result in death, it is considered murder.

Essential Ingredients of Murder

To establish a case of murder under the BNS, the following elements must be proven:

1. Intent to Cause Death – The accused must have intended to cause death or serious bodily harm.
2. Knowledge of Consequences – The accused must have known that their actions would likely result in death.
3. Direct or Indirect Act Leading to Death – The act committed must have a direct causal link to the victim’s death.
4. Absence of Justifiable Cause – The killing should not be justified by self-defense, legal duty, or other legal exceptions.

Punishment for Murder

As per Section 105 of the Bhartiya Nyay Sanhita, the punishment for murder is:

• Death penalty or,
• Life imprisonment, along with a fine, as decided by the court.

Exceptions to Murder

The Bhartiya Nyay Sanhita provides certain exceptions where a homicide does not amount to murder. These include:

1. Grave and Sudden Provocation (Section 103 Exception 1) – If a person kills someone in the heat of passion due to sudden and grave provocation, the crime may be reduced to culpable homicide not amounting to murder.
2. Self-Defense (Section 101) – If a person kills another in an act of lawful self-defense, it does not constitute murder.
3. Exercise of Legal Authority – If a person is killed as a result of lawful punishment or during an act authorized by law, it may not be considered murder.
4. Death Due to Consent (Section 103 Exception 5) – In cases where a person consents to death, such as mercy killing, the liability may be reduced.

Difference Between Murder and Culpable Homicide

Though both involve the unlawful killing of a person, culpable homicide is a broader term, while murder is a specific type of culpable homicide with a higher degree of intention and severity. Under Section 101, culpable homicide can be classified as murder only when it meets the specific conditions outlined in Section 103.

Tabular Comparison of Murder and Culpable Homicide

Aspect	Murder	Culpable Homicide
Intent	Requires a definite intention to cause death	May involve intention, but not always definite
Severity	More severe as it involves a higher degree of intention	Less severe compared to murder
Punishment	Death penalty or life imprisonment	Lesser punishment, usually imprisonment
Knowledge of Consequences	Accused is aware that their actions will likely cause death	Accused may not have full knowledge that death will occur
Legal Classification	Falls under Section 103 of BNS	Falls under Section 101 of BNS

Illustrations and Case Studies

Case Study 1: The Nirbhaya Case (2012)

One of the most infamous cases in India, the Nirbhaya gang rape and murder case, involved brutal assault and murder of a 23-year-old woman in Delhi. The Supreme Court sentenced the convicts to death under the Indian Penal Code, which has now been subsumed under the Bhartiya Nyay Sanhita. The case highlighted the severity of violent crimes and the application of the death penalty in heinous murders.

Case Study 2: The K.M. Nanavati vs. State of Maharashtra (1959)

This historic case revolved around a crime of passion, where Naval officer K.M. Nanavati shot his wife’s lover. The case brought up discussions on grave and sudden provocation, which led to the eventual conviction of Nanavati for culpable homicide, not murder. This case helped shape legal perspectives on provocation and homicide distinctions.

Case Study 3: The Arushi Talwar Murder Case (2008)

This case involved the mysterious murder of 14-year-old Aarushi Talwar and domestic help Hemraj. Initially, the parents were convicted, but the case underwent multiple appeals due to lack of evidence. The case underlines the importance of forensic evidence and how murder trials require a strong burden of proof.

Legal Precedents and Judicial Interpretations

Several Supreme Court and High Court judgments have set important precedents in defining murder under Indian law. Some key rulings include:

• Bachan Singh vs. State of Punjab (1980) – Laid down the doctrine of the rarest of the rare cases for capital punishment.
• Govindaswamy vs. State of Kerala (2017) – Highlighted the importance of intention in murder cases.

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