homicide
Homicide is the general term; not every homicide is an offence. Lawful homicide includes killing in the exercise of the right of private defence, by accident in doing a lawful act, or in carrying out a lawful sentence. Unlawful homicide under the BNS includes culpable homicide (s.100, old s.299 IPC), murder (s.101, old s.300), causing death by negligence (s.106, old s.304A) and dowry death (s.80, old s.304B).
The structure most students find difficult is that all murder is culpable homicide, but not all culpable homicide is murder. The difference lies in the degree of intention or knowledge and in the exceptions to s.101. Melvill J. set out the comparison in Reg v. Govinda (Bombay High Court, 1876), and it remains the standard method in Indian answers.
Example
A death caused by a rash overtaking manoeuvre is homicide, but it is punished under s.106 BNS, not as murder, as there is no intention to kill.
In Indian law
- Sections 100–106, Bharatiya Nyaya Sanhita, 2023 (old ss.299–304A IPC)
- Reg v. Govinda (Bombay High Court, 1876)
See also
culpable homicide · murder · grave and sudden provocation · private defence
Read more in the study notes
- From the IPC to the BNS: background, extent and key reforms (Bharatiya Nyaya Sanhita)
- General exceptions: mistake, accident, necessity and incapacity (Bharatiya Nyaya Sanhita)
- General exceptions: consent, good faith, compulsion and trifles (Bharatiya Nyaya Sanhita)
- The right of private defence (Bharatiya Nyaya Sanhita)
- Criminal conspiracy and attempt (Bharatiya Nyaya Sanhita)
- Offences against children (Bharatiya Nyaya Sanhita)