Understanding Murder Laws: Definitions and Degrees Explained

Under Section 101 of the BNS, murder is defined as an act where a person causes the death of another with the intention of causing death or bodily harm likely to result in death. The intent behind the act plays a crucial role in distinguishing murder from other forms of homicide.

 Essentials of Murder: (Section 101)

1. Intention to Cause Death: The accused clearly intends to cause death.

2. Intention to Cause Serious Harm: The accused intends to inflict bodily injury likely to cause death.

3. Injury Sufficient to Cause Death: Even without intent, the injury caused is severe enough to result in death in the ordinary course of nature.

Essentials of Culpable homicide: (Section 100)

1. Intention to Cause Death: The wrongdoer’s act is done with a clear intent to kill.

2. Intention to Cause Serious Injury: The act is intended to cause harm that is likely to lead to death (e.g., hitting someone’s head with a rod).

3. Knowledge of Likely Death: The person knows their actions could likely cause death, even if there was no intent to kill (e.g., pushing someone in a dangerous situation).

Legal Framework under Bharatiya Nyay sanhita :

(Section 103 BNS)Punishment for Murder: Imprisonment for life in the rarest case, Death penalty, and with fine.

(Section 102 BNS) Causing death of a person other than person whose death was intended: Punished with either death or life imprisonment and fine. 

(Section 100 BNS) Culpable Homicide not amounting to murder :

Exception : 

• Grave and sudden provocation,

• Private defence, 

• Exercise of legal power

• Without premeditation in a sudden fight

• Consent ( Above 18 years)

1. Punishment for Culpable homicide not amounting to murder (Section 105): Imprisonment for life or Imprisonment for not less than 5 years extend to 10 years and fine.

2. Punishment for causing death or bodily harm: Imprisonment for 10 years and fine.

Legal Remedies for the Accused:

1. Right to Legal Representation: The accused has the right to a defence lawyer, either privately hired or provided by the state.

2. Bail (in Certain Cases): While murder is a non-bailable offence, the accused may apply for bail under special circumstances, especially in cases of culpable homicide not amounting to murder.

3. Right to Appeal: If convicted, the accused has the right to appeal the decision to a higher court. For example:

   • Appeals can be made to the High Court against a conviction from the Sessions Court.

   • Further appeals can be made to the Supreme Court.

Legal Remedies for the Victims and Their Families: 

1. Inform to the police: Call 100 or go to the nearby police station to report the crime

2. File an FIR: Register an FIR.

3. Compensation to the Victim’s Family: The court may order the accused to pay compensation to the family of the victim. This is especially common in cases where a fine is imposed along with the punishment.

4. Public Prosecutor’s Role: A public prosecutor represents the state and ensures that the accused is prosecuted according to the law, safeguarding the victim’s interests.

5. Right to Participate in the Legal Process: The victim's family has the right to be present during court proceedings and may also engage a legal representative to assist the prosecution.