Question 1

What is the legal definition of murder under Indian law?

Accepted Answer

Under the Bharatiya Nyaya Sanhita (BNS) Section 103 (formerly IPC Section 302), culpable homicide amounts to murder if the act by which death is caused is done with the intention of causing death, or causing such bodily injury as the offender knows is likely to cause death.

Question 2

What is the difference between murder and culpable homicide not amounting to murder?

Accepted Answer

The distinction lies in the intention and knowledge of the perpetrator. Culpable homicide does not amount to murder (BNS Sec 105) if the act falls under specific exceptions, such as grave and sudden provocation, exceeding the right of private defense, or sudden fight in the heat of passion.

Question 3

How is circumstantial evidence evaluated in a murder trial?

Accepted Answer

The Supreme Court has mandated that for a conviction based solely on circumstantial evidence, the circumstances from which the conclusion of guilt is drawn must be fully established. The chain of evidence must be complete and point unerringly to the guilt of the accused, excluding every other reasonable hypothesis.

Murder & Attempt to Murder Defense

Overview

Frequently Asked Questions