murder

All murder is culpable homicide, but not all culpable homicide is murder. Culpable homicide becomes murder if the act is done (1) with intention of causing death; (2) with intention of causing bodily injury the offender knows is likely to cause the death of the particular person; (3) with intention of causing bodily injury sufficient in the ordinary course of nature to cause death; or (4) with knowledge that the act is so imminently dangerous that it must in all probability cause death, without excuse.

It reduces to culpable homicide not amounting to murder if one of the five exceptions applies, such as grave and sudden provocation, private defence exceeded, or sudden fight.

Example

Since the accused intentionally inflicted a stab wound that was sufficient in the ordinary course of nature to cause death, he was guilty of murder under the third clause.

In Indian law

• Sections 101 and 103, BNS (old ss.300 and 302 IPC)
• Virsa Singh v. State of Punjab, 1958 INSC 18: test for clause thirdly

See also

culpable homicide · homicide · grave and sudden provocation · rarest of rare

Read more in the study notes

• Arrest: concept, procedure, safeguards, proclamation and handcuffing (Bharatiya Nagarik Suraksha Sanhita)
• Framing of charge and joinder of charges (Bharatiya Nagarik Suraksha Sanhita)
• Trial before a Court of Session (Bharatiya Nagarik Suraksha Sanhita)
• Compounding of offences and plea bargaining (Bharatiya Nagarik Suraksha Sanhita)
• Preventive action of the police (Bharatiya Nagarik Suraksha Sanhita)
• Juvenile Justice Act: procedure for children in conflict with law (Bharatiya Nagarik Suraksha Sanhita)