Homicide**

Murder (Section 101 BNS)

Offences against the human body are crimes that cause physical or mental harm to a person. Homicide, meaning the killing of a human being, is among the most serious of these offences. The Bharatiya Nyaya Sanhita (BNS) deals with different categories of homicide, primarily culpable homicide and murder.

Homicide simply means the killing of a human being by a human being. It can be lawful (e.g., self-defence, execution of a lawful sentence) or unlawful (culpable homicide and murder).

Culpable Homicide (Section 101 BNS):

Section 101 of the BNS defines Culpable Homicide. It states: "Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide." (This definition is similar to Section 299 of the IPC).

Culpable Homicide is the genus, and Murder is a species of Culpable Homicide. All murders are culpable homicide, but all culpable homicides are not necessarily murder.

Murder (Section 101 BNS):

Section 101 of the BNS also defines Murder. It states: "Culpable homicide is murder if the act by which the death is caused is done with..." The section then lists four circumstances (similar to Section 300 of the IPC) under which culpable homicide becomes murder.

Ingredients of Murder

Culpable homicide is murder if the act causing death is done with any of the following intentions or knowledge (Section 101 BNS, akin to Section 300 IPC):

Intention to cause death: The act is done with the intention of causing death. Example: Stabbing someone with the direct aim of killing them.
Intention to cause such bodily injury as the offender knows to be likely to cause death of the person: The act is done with the intention of causing a bodily injury that the offender knows is likely to cause the death of the particular person injured. The offender's knowledge of the specific victim's condition is relevant here.
Intention to cause bodily injury sufficient in the ordinary course of nature to cause death: The act is done with the intention of causing bodily injury, and the injury intended to be inflicted is sufficient in the ordinary course of nature to cause death. This is an objective test, based on the nature of the injury.
Knowledge that the act is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk: The act is done with the knowledge that it is highly probable to cause death or injury likely to cause death, and the offender does it without any justification. This covers acts done with extreme recklessness or disregard for human life. Example: Firing into a crowded room, driving a vehicle at high speed into a crowd.

Distinction between Murder and Culpable Homicide not amounting to Murder

The distinction between culpable homicide amounting to murder (simply referred to as murder) and culpable homicide not amounting to murder is a matter of degree of intention or knowledge. The BNS (like the IPC) defines culpable homicide broadly and then specifies the circumstances that elevate it to murder. The key lies in the intensity of the mental element.

Culpable Homicide: Involves intention to cause death or bodily injury likely to cause death, or knowledge that the act is likely to cause death.
Murder: Involves intention to cause death or bodily injury likely to cause death with specific knowledge about the victim, or bodily injury sufficient in the ordinary course of nature to cause death, or knowledge that the act is imminently dangerous and in all probability will cause death or injury likely to cause death.

The difference lies in words like 'likely' (culpable homicide) versus 'likely with specific knowledge', 'sufficient in the ordinary course of nature', and 'in all probability' (murder). The mental element in murder is of a higher degree, indicating a greater certainty or probability of causing death.

Culpable Homicide not amounting to Murder (Section 102 BNS)

Culpable homicide that does not fall under the definition of murder is classified as culpable homicide not amounting to murder. This occurs when the act of causing death involves the lesser degree of intention or knowledge specified in the definition of culpable homicide (Section 101) but does not meet the requirements for murder (Section 101, clauses 1-4). Additionally, certain circumstances, listed as Exceptions to Section 101 (definition of murder), can reduce the offence from murder to culpable homicide not amounting to murder.

Exceptions to Murder (Sections 103-106 BNS)

Sections 103, 104, 105, and 106 of the BNS list circumstances where culpable homicide, which would otherwise be murder, is reduced to culpable homicide not amounting to murder (similar to Exceptions 1-5 of Section 300 IPC). These are often referred to as the 'Exceptions to Murder'.

Grave and Sudden Provocation (Section 103 BNS)

Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. (Similar to Exception 1, Section 300 IPC).

Conditions for this exception:

The provocation must be grave and sudden.
The offender must be deprived of the power of self-control by the provocation.
Death must be caused while the offender is under the influence of such deprivation.

The law also lists certain provisos where this exception does not apply (e.g., provocation sought by the offender, provocation given by something done in obedience to law or by a public servant in lawful exercise of power, provocation given by something done in lawful exercise of the right of private defence).

Excess of the Right of Private Defence (Section 104 BNS)

Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence, without any intention of doing more harm than is necessary for the purpose of such defence. (Similar to Exception 2, Section 300 IPC).

This applies when the right of private defence exists, but the degree of force used goes beyond what is necessary and proportionate, and this excessive force causes death without the intention to cause more harm than needed for defence.

Culpable homicide by a married woman under grave and sudden provocation by her husband (Section 105 BNS)

This appears to be a new exception specific to the BNS, not present in the IPC. It states that culpable homicide is not murder if a married woman causes the death of her husband under the influence of grave and sudden provocation given by her husband.

This exception specifically applies in the context of domestic relations and provocation by a husband towards his wife, potentially acknowledging specific dynamics in such relationships.

Culpable homicide by consent (Section 106 BNS)

Culpable homicide is not murder if the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent. (Similar to Exception 5, Section 300 IPC - Exception 4 in IPC dealing with sudden fight is now Section 105 BNS second part; Exception 3 in IPC dealing with public servant exceeding powers is now Section 105 BNS first part).

This exception covers cases like euthanasia (where legal) or participation in dangerous sports with consent where death results. However, consent must be free and voluntary from a person above 18 years of age.

Culpable homicide by a public servant exceeding powers (Section 105 BNS first part)

Culpable homicide is not murder if a public servant, acting in good faith for the advancement of public justice, exceeds the powers given to him by law and causes death, believing the act to be lawful and necessary for the discharge of his duty, without ill-will towards the person whose death is caused. (Similar to Exception 3, Section 300 IPC).

Culpable homicide in a sudden fight (Section 105 BNS second part)

Culpable homicide is not murder if it is committed in the heat of passion upon a sudden fight, without premeditation, and without the offender having taken undue advantage or acted in a cruel or unusual manner. (Similar to Exception 4, Section 300 IPC).

Culpable homicide by causing death of a child by an adult of unsound mind (Section 106 BNS fourth part)

This also appears to be a new exception in BNS, not explicitly in IPC. It states that culpable homicide is not murder if an adult of unsound mind causes the death of a child who has not attained the age of twelve years.

These exceptions indicate circumstances where the law reduces the gravity of the offence of causing death, often based on mitigating factors like provocation, lack of malicious intent in exceeding authority, or specific vulnerabilities.

Culpable Homicide Amounting to Murder (Section 101 BNS)

This subheading seems redundant as Section 101 already defines Culpable Homicide and then explains when it amounts to Murder. However, if the intention is to reiterate the conditions under which Culpable Homicide becomes Murder, we can elaborate based on the clauses in Section 101 BNS.

As per Section 101 of the Bharatiya Nyaya Sanhita, Culpable Homicide becomes Murder under the following circumstances (which are the four clauses mentioned in the definition of Murder under that section):

If the act by which the death is caused is done with the intention of causing death.
If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused.
If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death.
If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.

These clauses essentially describe different levels of intent or knowledge that elevate the act of causing death from simple culpable homicide to the more serious offence of murder. The key distinction lies in the higher degree of certainty or probability of causing death reflected in these four conditions compared to the general definition of culpable homicide in the same section.

Causing Death by Negligence (Section 105 BNS)

Apart from intentional or knowledgeable homicide (culpable homicide and murder), criminal liability can also arise for causing death through negligence.

Provision:

Section 105(1) of the BNS (similar to Section 304A of the IPC) states: "Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment..."

Explanation:

This offence applies when death is caused by a rash or negligent act.
The act must not amount to culpable homicide. If the act falls under the definition of culpable homicide (involving intention or knowledge), then the offence would be culpable homicide or murder, not causing death by negligence.
Rash Act: Doing an act with the knowledge that it is likely to cause injury, but without the intention to cause it, and taking an unreasonable risk.
Negligent Act: Failing to exercise the standard of care that a reasonable person would have exercised in the circumstances, where that failure causes death. It involves acting without due care and caution.
Causation: The rash or negligent act must be the proximate cause of the death.

Example: Causing a fatal accident through negligent driving, performing a medical procedure without due care leading to the patient's death (if it doesn't amount to culpable homicide).

This offence carries a less severe punishment than culpable homicide or murder, reflecting the lower degree of culpability (negligence or rashness rather than intention or knowledge of high probability of death). It addresses unintentional killings caused by culpable lack of care.

Other Offences against the Body**

Attempt to Murder (Section 108 BNS)

Besides homicide, the BNS criminalizes various other acts that cause or are intended to cause harm to the human body. These offences cover a range of harms from minor injury to severe harm and threats.

Provision:

Section 108 of the BNS (similar to Section 307 of the IPC) deals with the attempt to murder.

It states: "Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished..."

Ingredients:

Intention or Knowledge: The accused must have the intention or knowledge required for murder.
Act Done: The accused must do an act towards the commission of murder.
Failure to Cause Death: Death is not actually caused. If death were caused, the offence would be murder.
Circumstances: The act is done under such circumstances that it could have led to murder if death had occurred.

Example: Stabbing someone with the intention of causing death, but the victim survives. This would be attempted murder.

The punishment for attempted murder is less than for murder, but it is a serious offence reflecting the high level of intent involved. The BNS also provides for enhanced punishment if hurt is caused during the attempt or if the attempt is by a life convict.

Voluntarily Causing Hurt (Section 111 BNS)

Hurt is a lesser offence than culpable homicide, dealing with acts that cause physical pain, disease, or infirmity but not necessarily endangering life in the same degree.

Provision:

Section 111 of the BNS (similar to Section 321 of the IPC) defines Voluntarily Causing Hurt.

It states: "Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said voluntarily to cause hurt."

Types of Hurt (Simple, Grievous)

Hurt is broadly categorised into Simple Hurt and Grievous Hurt, based on the severity of the injury.

Simple Hurt:

Any bodily pain, disease, or infirmity caused voluntarily, which does not fall within the definition of grievous hurt, is Simple Hurt. (Implied from the definition of hurt and grievous hurt).

Grievous Hurt (Section 113 BNS)

Section 113 of the BNS (similar to Section 320 of the IPC) defines what constitutes Grievous Hurt. It lists specific types of severe injuries that are considered grievous:

Emasculation.
Permanent privation of the sight of either eye.
Permanent privation of the hearing of either ear.
Privation of any member or joint.
Destruction or permanent impairing of the powers of any member or joint.
Permanent disfiguration of the head or face.
Fracture or dislocation of a bone or tooth.
Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

Voluntarily causing simple hurt is punishable under Section 111. Voluntarily causing grievous hurt (i.e., causing hurt that falls under any of the eight categories of grievous hurt) is punishable under Section 112 of the BNS (similar to Section 322 read with 325 of the IPC), carrying a more severe penalty than simple hurt.

The distinction is based on the nature and severity of the injury caused.

Assault (Section 107 BNS)

Assault is an offence that deals with acts that cause apprehension of harm, even if no physical contact or injury occurs.

Provision:

Section 107 of the BNS (similar to Section 351 of the IPC) defines Assault.

It states: "Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault."

Ingredients:

Gesture or Preparation: The accused makes a gesture or preparation.
Intention or Knowledge: Intending or knowing that such gesture or preparation is likely to cause apprehension of criminal force.
Apprehension: Causing the person present to apprehend (expect) that criminal force is about to be used.
Criminal Force: Criminal force is defined separately and involves intentional use of force to cause injury, fear, or annoyance.

Example: Raising a fist at someone in a threatening manner, pointing a weapon at someone. Even without touching the person, these acts can constitute assault if they cause apprehension of criminal force.

Assault is often a prelude to battery (use of criminal force), but it is a distinct offence focusing on the apprehension of harm. It is punishable under Section 107(2) of the BNS.

Wrongful Restraint and Wrongful Confinement (Sections 116-117 BNS)

These offences deal with unlawful restrictions on a person's liberty of movement.

Wrongful Restraint (Section 116 BNS):

Similar to Section 339 of the IPC. It states: "Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person."

It involves obstructing a person's movement in a particular direction where they have a legal right to move.
The obstruction must be voluntary.
It is a partial restraint on liberty.

Example: Blocking a public road to prevent someone from passing, preventing someone from leaving a specific room by standing in the doorway.

Wrongful Confinement (Section 117 BNS):

Similar to Section 340 of the IPC. It states: "Whoever voluntarily restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said wrongfully to confine that person."

It involves total restraint on a person's liberty, preventing them from moving beyond a defined area.
The restraint must be voluntary.

Example: Locking a person inside a room, tying someone up, holding someone captive in a house.

Wrongful confinement is a more severe offence than wrongful restraint as it constitutes a complete deprivation of liberty within certain limits. Punishments are prescribed under Sections 116(2) and 117(2) respectively, with enhanced penalties for aggravated forms of wrongful confinement (e.g., for 3 or more days, in secret, for the purpose of extorting property).

Kidnapping and Abduction (Sections 125-126 BNS)

These offences deal with unlawfully taking a person away from their liberty or control.

Kidnapping (Section 125 BNS):

Similar to Sections 359-361 of the IPC. Kidnapping is of two types:

Kidnapping from India: Taking a person out of India without their consent, or the consent of a lawful guardian if they are a minor or person of unsound mind.
Kidnapping from Lawful Guardianship: Taking or enticing a minor (under 18 for males, under 18 for females - as per BNS, IPC used 18 for males, 18 for females for consent for marriage purposes, but 18 for guardianship purposes regardless of sex, whereas BNS explicitly mentions under 18 for females for this offence definition) or a person of unsound mind out of the keeping of their lawful guardian without the guardian's consent.

Kidnapping involves enticing or taking away from lawful keeping or from the country.

Abduction (Section 126 BNS):

Similar to Section 362 of the IPC. It states: "Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person."

It involves compelling by force or inducing by deceitful means a person to move from one place to another.
The person must be induced or compelled to 'go'.
Unlike kidnapping, the age or consent of a guardian is not directly relevant to the definition of abduction itself. Abduction is the act of conveying, while kidnapping is the act of taking away from lawful keeping or from the country.

Abduction is often done with an intent to commit another offence (e.g., abduction for murder, abduction for grievous hurt, abduction to compel marriage, abduction to subject to slavery). The specific offence committed after abduction determines the primary charge and punishment.

The BNS prescribes punishments for kidnapping and abduction under Sections 127 and onwards, with variations depending on the purpose of the kidnapping or abduction (e.g., for murder, for slavery, to compel marriage, etc.).

Sexual Offences

Offences of a sexual nature are crimes against the human body involving sexual violation or harm. The BNS retains and modifies provisions related to sexual offences, particularly focusing on the rights and protection of victims.

Rape (Section 69 BNS)

Section 69 of the BNS defines rape (similar to Section 375 of the IPC). It enumerates circumstances where sexual intercourse by a man with a woman constitutes rape. These circumstances involve lack of free consent from the woman.

Consent is invalidated if it is obtained under fear, misconception, or if given by a minor (under 18 years), a person of unsound mind, or a person unable to understand the nature and consequences of the act.

Sexual intercourse by a man with his own wife is generally not considered rape, unless she is under the age of 18 years (similar to the exception in IPC, subject to legal debates and judicial interpretation regarding marital rape).

Section 70 of the BNS (similar to Section 376 IPC) prescribes punishment for rape, including rigorous imprisonment which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. Enhanced punishments are provided for aggravated circumstances (e.g., rape by police officers, public servants, or in custody, gang rape).

Punishment for Gang Rape (Section 71 BNS)

Section 71 of the BNS (similar to Section 376D of the IPC) deals with gang rape. It defines gang rape as rape committed by one or more persons in a group of five or more persons (where at least one commits rape). All persons in the group who had the common intention of committing the offence, regardless of whether they actively participated in the act of sexual intercourse, are deemed to have committed gang rape.

Gang rape carries a very stringent punishment, including rigorous imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and fine.

Cheating by Personation for Sexual Intercourse (Section 69 BNS explanation 2)

Section 69 (explanation 2) clarifies that sexual intercourse with a woman by a man who by personation deceives her into believing that he is another man to whom she is or believes herself to be lawfully married, does not amount to rape. This is similar to the exception in IPC Section 375. However, the BNS introduces a new standalone offence (Section 69) which makes it an offence for any person to commit sexual intercourse by way of deceit, by making false promise of marriage or by any other fraudulent means.

Voyeurism (Section 74 BNS)

Section 74 of the BNS (similar to Section 354C of the IPC) defines Voyeurism. It makes it an offence to capture the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed, or to disseminate such image.

Sexual Harassment (Section 76 BNS)

Section 76 of the BNS (similar to Section 354A of the IPC) defines sexual harassment and prescribes punishment.

It includes unwelcome acts such as physical contact and advances involving unwelcome and explicit sexual overtures; a demand or request for sexual favours; showing pornography against the will of a woman; making sexually coloured remarks.

Sexual harassment and other related offences like stalking (Section 75 BNS, similar to Section 354D IPC) specifically address various forms of non-consensual sexual conduct and behaviour.

Outraging the modesty of a woman (Section 73 BNS)

Section 73 of the BNS (similar to Section 354 of the IPC) criminalizes acts done with the intention of outraging the modesty of a woman.

It states: "Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished..."

This offence focuses on the mental state of the accused (intention or knowledge) and the act (assault or criminal force) causing harm to a woman's sense of decency or dignity (modesty).

The BNS consolidates and modifies various offences related to sexual violence and harassment, aiming to provide a more stringent and comprehensive legal framework for the protection of women and children.

Other Offences

The BNS includes various other offences against the human body, covering a wide range of acts causing harm or injury.

Acid Attacks (Section 114 BNS)

Section 114 of the BNS (similar to Section 326A and 326B of the IPC) specifically criminalizes acid attacks. It covers voluntarily causing grievous hurt by use of acid and voluntarily causing simple hurt by use of acid.

Punishments for acid attacks are severe, reflecting the heinous nature of this crime and the permanent disfigurement and suffering it causes to the victim.

Mischief causing injury to person (Implied in Section 336 BNS)

While 'Mischief' primarily relates to damage to property (Section 336 BNS onwards, similar to Section 425 onwards IPC), certain acts of mischief can also cause injury to a person. For instance, setting fire to a building (mischief by fire) could also cause hurt or even death to occupants, leading to charges of mischief alongside offences against the body.

Section 121 of the BNS (similar to Section 336 of the IPC) deals with Doing any act which endangers life or personal safety of others. It states: "Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished..." This section covers acts that are inherently dangerous due to rashness or negligence and put others' safety at risk, even if no specific injury results. If injury or grievous hurt does result, more serious charges (like voluntarily causing hurt/grievous hurt or causing death by negligence) would apply.

Other offences against the human body include criminal force (use of force without consent), assault (apprehension of criminal force), kidnapping, abduction, wrongful restraint, and wrongful confinement, discussed earlier. The BNS provides a comprehensive framework for dealing with acts causing physical, mental, or liberty-related harm to individuals.