The Doctrinal And Penal Architecture Of Unlawful Homicide Under The Bharatiya Nyaya Sanhita, 2023: Defining Murder And Culpable Homicide
- IJLLR Journal
- 5 hours ago
- 1 min read
Nikita Nijjar, IILM University, Greater Noida Adv. Paras Yadav, IILM University, Greater Noida
ABSTRACT
The Bharatiya Nyaya Sanhita (BNS), 2023, which overrides the Indian Penal Code (IPC) of 1860, maintains a key legal distinction between Culpable Homicide (Section 100 BNS) and Murder (Section 101 BNS). This research paper presents a doctrinal examination of the definitions, confirming that the differentiation lies only in the level of mens rea, from ‘probability’ of death (Culpable Homicide) to what would be a ‘virtual certainty’ or ‘objective sufficiency’ (Murder). This persistence is important for the precedent value of cases such as Regina v. Govinda and Virsa Singh v. State of Punjab. The paper also critiques the BNS for its substantive but structural enhancements, particularly Section 103(2), on collective liability for group murder (mob lynching) and virtue of Section 104, which incentivizes individual sentencing discretion for convicted persons serving a life sentence for murder. Both are significant legislative moves towards deterring specific crimes, promoting constitutional values, and collective responsibility.
