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Criminal · LEGAL ISSUE GUIDE

Murder / Culpable Homicide

हत्या

Find the distinction between murder, culpable homicide and negligent death.

Understanding this legal issue

Find the distinction between murder, culpable homicide and negligent death.

Intent, knowledge, exceptions, causation and medical evidence can distinguish the provisions. BNS 106(1) concerns negligence, not ordinary murder.

Key question: Was the death intentional, knowing or alleged to be negligent?
SELECTED PROVISIONS · NOT AN EXHAUSTIVE LIST

Core offences

BNS 101

Murder — definition

Defines murder, distinguished from culpable homicide on statutory facts.

Earlier-law reference: IPC 300 · orientation only
Official law source ↗
BNS 103

Punishment for murder

Punishment for murder, with statutory particulars and exceptions relevant to assessment.

Earlier-law reference: IPC 302 · orientation only
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BNS 105

Punishment for culpable homicide not amounting to murder

Provides punishment for culpable homicide not amounting to murder.

Earlier-law reference: IPC 304 · orientation only
Official law source ↗

Related offences

BNS 106(1)

Causing death by negligence

Addresses causing death by negligent act in the applicable subsection.

Earlier-law reference: IPC 304A · orientation only
Official law source ↗
BNS 109

Attempt to murder

Addresses attempt to murder.

Earlier-law reference: IPC 307 · orientation only
Official law source ↗

Procedure & rights

BNSS 173

Information in cognizable cases

Provision concerning giving and recording information about cognizable offences.

Earlier-law reference: CrPC 154 · orientation only
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BNSS 187

Procedure when investigation cannot be completed in twenty-four hours

Regulates remand and police/judicial custody when investigation is incomplete; key for default-bail analysis.

Earlier-law reference: CrPC 167 · orientation only
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BNSS 480

When bail may be taken in case of non-bailable offence

Concerns bail in non-bailable cases, subject to statutory restrictions.

Earlier-law reference: CrPC 437 · orientation only
Official law source ↗
Article 21

Protection of life and personal liberty

Protects life and personal liberty, subject to procedure established by law and constitutional interpretation.

Official law source ↗
Before relying on these references: Read the full official law, check sub-sections, schedules, exemptions, dates, special Acts, transition rules and current judicial interpretation. Mentioning a section here does not mean it applies to every fact pattern.