Question
Consider the following statements regarding murder under
Section 101 of the Bharatiya Nyaya Sanhita, 2023: Statement 1: Murder requires that the culpable homicide be committed with a specific intention to cause death. Statement 2: If a culpable homicide is committed with knowledge that the act is likely to cause death in the ordinary course of nature, it automatically amounts to murder. Statement 3: Act causing death with knowledge that it is likely to cause death in the ordinary course of nature amounts to murder only if the offender acted with the intention of causing death or causing grievous bodily injury. Statement 4: The four clauses under Section 101 provide cumulative conditions, all of which must be satisfied for murder to be established. Which statements are correct?Solution
Section 101 of BNS, 2023 provides four clauses (Firstly, Secondly, Thirdly, Fourthly) that define when culpable homicide amounts to murder. Statement 1 is correct—Clause Firstly requires "intention of causing death". Statement 3 is correct—Clause Secondly requires "intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm which might be caused by it is to be caused by it". Statement 2 is incorrect because mere knowledge is insufficient under Clause Secondly; intention regarding the bodily injury is required. Statement 4 is incorrect because these are alternative clauses (disjunctive), not cumulative—if any one clause is satisfied, it amounts to murder.
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