eMunshiFor citizens
BNS · Section 101 · Chapter VI — OF OFFENCES AFFECTING THE HUMAN BODY

Murder

What this section does

Defines when culpable homicide rises to the level of murder, setting out four alternative mental-state/knowledge tests. It also enumerates five exceptions (grave and sudden provocation, excess of private defence, public servant acting in good faith, sudden fight, and consent of the deceased) under which culpable homicide does not amount to murder.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Ingredients (what prosecution must prove)

  1. Death of a human being was caused by the accused's act
  2. The act was done with the intention of causing death (clause a); OR
  3. The act was done with the intention of causing bodily injury that the offender knew was likely to cause death (clause b); OR
  4. The act was done with the intention of causing bodily injury that is sufficient in the ordinary course of nature to cause death (clause c); OR
  5. The act was so imminently dangerous that it must in all probability cause death or likely-fatal injury, and was committed without any excuse for incurring that risk (clause d)
  6. None of the five statutory exceptions applies

Practitioner note

This section is definitional; punishment is prescribed in s.103. The five exceptions reduce the offence to culpable homicide not amounting to murder (punishable under s.105). Exception 1 (provocation) is subject to three provisos excluding self-sought provocation, provocation by lawful acts of public servants, and provocation arising from lawful private defence.

Old-law correspondence

Read the official text

For the binding statutory text of BNS Section 101, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 101 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.