Criminal LawSection 101, Bharatiya Nyaya Sanhita, 2023

BNS Section 101

When does causing a death count as murder under Indian law?

Short answer

A death is murder if it is caused intentionally, with knowledge it will likely cause death, by a dangerous act, or without excuse for the risk.

In detail

Under the Bharatiya Nyaya Sanhita, a death is treated as murder when the person causing it does so with a clear intention to kill, or when they intend to cause an injury they know is likely to cause death. It also covers situations where the offender intends to inflict an injury that, in normal circumstances, would be enough to cause death, even if they did not specifically aim to kill. Additionally, if someone carries out an act that is so obviously dangerous that death is almost certain, and they do it without any excuse for taking that risk, the law calls it murder. However, the statute provides an exception: if the offender loses self‑control because of a grave and sudden provocation that they did not provoke or that is not lawful, the offence may be reduced to culpable homicide instead of murder. Whether the provocation is sufficient to lower the charge is decided based on the facts of each case.

Reviewed by LegalX Editorial · 3 September 2026View source

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