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Sec.
103] The Bharatiya Nyaya Sanhita, 2023 47
knife into B’s hand for that purpose. B kills Z with the knife. Here B may have
committed only culpable homicide, but A is guilty of murder.
Exception 2.—Culpable homicide is not murder if the offender, in the exercise in good
faith of the right of private defence of person or property, exceeds the power given to
him by law and causes the death of the person against whom he is exercising such right
of defence without premeditation, and without any intention of doing more harm than
is necessary for the purpose of such defence.
Illustration
Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out
a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent
himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable
homicide.
Exception 3.—Culpable homicide is not murder if the offender, being a public servant or aiding
a public servant acting for the advancement of public justice, exceeds the powers given to him by
law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary
for the due discharge of his duty as such public servant and without ill-will towards the person
whose death is caused.
Exception 4.—Culpable homicide is not murder if it is committed without premeditation in a
sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken
undue advantage or acted in a cruel or unusual manner.
Explanation.—It is immaterial in such cases which party offers the provocation or commits the
first assault.
Exception 5.—Culpable homicide is not murder when the person whose death is caused, being
above the age of eighteen years, suffers death or takes the risk of death with his own consent.
Illustration
A, by instigation, voluntarily causes, Z, a person under eighteen years of age to commit suicide. Here, on
account of Z’s youth, he was incapable of giving consent to his own death; A has therefore abetted murder.”
1102. Culpable homicide by causing death of person other than person
whose death was intended.—If a person, by doing anything which he intends

or knows to be likely to cause death, commits culpable homicide by causing
the death of any person, whose death he neither intends nor knows himself to
be likely to cause, the culpable homicide committed by the offender is of the
description of which it would have been if he had caused the death of the person
whose death he intended or knew himself to be likely to cause.
2103. Punishment for murder.—(1) Whoever commits murder shall be
punished with death or imprisonment for life, and shall also be liable to fine.
(2) When a group of five or more persons acting in concert commits murder
on the ground of race, caste or community, sex, place of birth, language, personal
belief or any other similar ground each member of such group shall be punished
with death or with imprisonment for life, and shall also be liable to fine.
COMMENTS
(Based on Notes on Clauses of the Bill)
It seeks to provide punishment for murder which shall be punished with death or
imprisonment for life, and also fine. Sub-clause (2) further provides that when a murder
is committed by a group of five or more persons acting in concert on the ground of race,
1. Corresponds to Section 301 of the Indian Penal Code (45 of 1860).

48 The Bharatiya Nyaya Sanhita, 2023 [Sec. 103
caste or community, sex, place of birth, language, personal belief or any other similar
ground each member of such group shall be punished with death or with imprisonment
for life and shall also be liable to fine.
1104. Punishment for murder by life-convict.—Whoever, being under sentence
of imprisonment for life, commits murder, shall be punished with death or with
imprisonment for life, which shall mean the remainder of that person’s natural life.
COMMENTS
It seeks to provide that whoever, being under sentence of imprisonment for life, commits
murder, shall be punished with death or with imprisonment for life, which shall mean the remainder
of that person’s natural life.
2105.Punishment for culpable homicide not amounting to murder.—
Whoever commits culpable homicide not amounting to murder, shall be
punished with imprisonment for life, or imprisonment of either description for
a term which shall not be less than five years but which may extend to ten years,
and shall also be liable to fine, if the act by which the death is caused is done
with the intention of causing death, or of causing such bodily injury as is likely
to cause death; or with imprisonment of either description for a term which may
extend to ten years and with fine, if the act is done with the knowledge that it
is likely to cause death, but without any intention to cause death, or to cause
such bodily injury as is likely to cause death.
3106. Causing death by negligence.—(1) Whoever causes death of any
person by doing any rash or negligent act not amounting to culpable homicide,
shall be punished with imprisonment of either description for a term which may
extend to five years, and shall also be liable to fine; and if such act is done by a
registered medical practitioner while performing medical procedure, he shall be
punished with imprisonment of either description for a term which may extend
to two years, and shall also be liable to fine.
Explanation.—For the purposes of this sub-section, “registered medical
practitioner” means a medical practitioner who possesses any medical
qualification recognised under the National Medical Commission Act, 2019 (30
of 2019) and whose name has been entered in the National Medical Register or
a State Medical Register under that Act.
(2) Whoever causes death of any person by rash and negligent driving of
vehicle not amounting to culpable homicide, and escapes without reporting it to
a police officer or a Magistrate soon after the incident, shall be punished with
imprisonment of either description of a term which may extend to ten years,
and shall also be liable to fine.
COMMENTS
It seeks to provide that whoever causes death of any person by doing any rash or
negligent act not amounting to culpable homicide, shall be punished with imprisonment
of either description for a term which may extend to five years and shall also be liable to
fine. It further provides that whoever causes death of any person by rash and negligent
driving of vehicle not amounting to culpable homicide and escapes without reporting
it to a police officer or a Magistrate soon after the incident, shall be punished with

3. Corresponds to Section 304A of the Indian Penal Code (45 of 1860).

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Sec.

103] The Bharatiya Nyaya Sanhita, 2023 47

whose death was intended.—If a person, by doing anything which he intends

1. Corresponds to Section 301 of the Indian Penal Code (45 of 1860).

1. Corresponds to Section 303 of the Indian Penal Code (45 of 1860).

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