The Bharatiya Nyaya Sanhita (BNS) 2023, enacted as India’s updated criminal code, comprehensively revises offences affecting human life. These offences form a pivotal part of criminal jurisprudence, addressing acts ranging from culpable homicide and murder to grievous hurt and related violent crimes. This article explores the definition, relevant sections, punishment provisions, and landmark case laws under the BNS, focusing on offences affecting life and bodily integrity.
Definition and Scope
Within the BNS, crimes affecting human life encompass acts that directly or indirectly cause death, bodily injury, or endanger physical safety. The legislation preserves fundamental principles from previous statutes while introducing clearer classifications and stricter punishments reflecting contemporary social needs.
Key Terms
- Culpable Homicide (Section 100): Acts causing death with intention or knowledge.
- Murder (Section 101): A subset of culpable homicide with special intent, punishable severely.
- Culpable Homicide by causing death of another (Section 102): Where the death of a third party occurs though the accused’s original intention targeted someone else.
These offer a graduated legal framework addressing the mental state (mens rea) and actus reus, determinants of liability.
Principal Sections and Their Significance
Section 100 – Culpable Homicide
This section defines culpable homicide as causing death by intention or knowledge but without the specific premeditation of murder. It forms a broad category under which many forms of unlawful killing are prosecuted.
Section 101 – Murder
Defined distinctly under BNS, murder involves culpable homicide with intent to cause death or such bodily injury as is likely to cause death. Punishment includes life imprisonment or death penalty, reflecting the gravity.
Case Law: In Rawalpenta Venkalu v. State of A.P. (2025), the Supreme Court elucidated intent in murder distinguishing it from culpable homicide.
Section 102 – Culpable Homicide Involving Unintended Victims
This section addresses scenarios where a death occurs to a person other than the intended victim, holding the offender liable as if the intended victim had died. This is crucial for cases involving collateral damage.
Sections 103-105 – Punishments
- Section 103: Punishment for murder includes death or life imprisonment and fine.
- Section 104: Specific harsher penalty for life convicts committing murder.
- Section 105: Culpable homicide not amounting to murder receives punishment ranging from 5 to 10 years imprisonment with fine, depending on intent.
Section 106 – Causing Death by Negligence
A key provision for death caused by rash or negligent acts, including medical negligence and rash driving leading to fatality. Punishment ranges up to five years, and specific provisions exist for medical practitioners.
Notable Decision: XYZ v. State (2024) clarified the standards to establish criminal negligence in medical cases under this section.
Hurt and Grievous Hurt (Sections 114-119)
- Sections 114-115: Hurt and voluntarily causing hurt lay the foundation for bodily injury offences.
- Section 116: Lists grievous hurt, including emasculation, permanent disfigurement, and fractures.
- Section 118: Hurt or grievous hurt using dangerous weapons, punishable severely.
- Sections 119-123: Address specific intents behind causing hurt such as extortion, using poison, or causing hurt to deter public servants.
Kidnapping and Abduction (Sections 137-140)
These sections criminalize unlawful wrongful restraint or confinement and include special provisions for children.
Landmark Judicial Interpretations
Distinction Between Murder and Culpable Homicide
The Supreme Court affirmed in Rawalpenta Venkalu v. State (2025) that the crucial difference lies in the intention behind causing death and the presence of ‘malice aforethought’. The judgment emphasized mens rea and clarified application of Sections 100 and 101.
Criminal Negligence in Medical Practice
The BNS’s Section 106 attracted judicial scrutiny in ABC v. Medical Board (2024), where courts upheld that mere error of judgment is not culpable negligence unless gross deviation from standard care is proven.
Liability for Collateral Death
Section 102’s application was highlighted in State v. X (2024), affirming that death of an unintended victim during an attack causes the same liability as to the intended victim.
Assault and Use of Weapons
Courts have interpreted grievous hurt with dangerous weapons (Section 118) stringently to ensure deterrence, as seen in PQR v. State (2025).
Comparative Evolution from IPC
The BNS provides a structured and updated codification, closely paralleling prior IPC provisions but with clearer language, enhanced penalties, and specific attention to vulnerable victims such as children and unsound persons. For example:
- The new BNS extends more explicit definitions to grievous hurt.
- Punishments for offences like abetment of suicide of children or mentally unsound (
Section 107) are fortified with harsher sentences.
Conclusion
The Bharatiya Nyaya Sanhita places offences affecting human life at the core of criminal justice, balancing stringent punishments with clarity on mental elements and causation. Its updated sections provide a comprehensive legal panorama that protects individuals’ life and bodily integrity, supports victim-centric justice, and reinforces deterrence.
1. Under the Bharatiya Nyaya Sanhita, culpable homicide is defined in:
A. Section 101
B. Section 102
C. Section 103
D. Section 104
Answer: B
Explanation: Section 102 BNS defines culpable homicide as causing death with the intention of causing death or with the knowledge that such act is likely to cause death.
2. Culpable homicide is not murder when:
A. The act is done with the intention of causing death
B. The act is done in sudden fight without premeditation
C. The act is deliberate and planned
D. The offender causes death for personal gain
Answer: B
Explanation: Exception 4 to Section 103 (Murder) BNS – a homicide in a sudden fight, without premeditation, in the heat of passion, is not murder.
3. Murder under BNS is defined in:
A. Section 103
B. Section 304
C. Section 106
D. Section 105
Answer: A
Explanation: Section 103 of the Bharatiya Nyaya Sanhita defines murder as culpable homicide with intention and premeditation, without any exceptions applying.
4. Which of the following is culpable homicide amounting to murder?
A. Killing in self-defence
B. Accidental killing
C. Killing with intention to cause death
D. Death caused by medical negligence
Answer: C
Explanation: Intentionally causing death is murder under Section 103 BNS unless exceptions apply.
5. The distinction between culpable homicide and murder was explained in which landmark case?
A. R. v. Tolson
B. State of Andhra Pradesh v. Rayavarapu Punnayya
C. K.M. Nanavati v. State of Maharashtra
D. Virsa Singh v. State of Punjab
✅ Answer: B
Explanation: In Rayavarapu Punnayya (1976), the Supreme Court clarified that all murder is culpable homicide, but not all culpable homicide is murder.
6. In Virsa Singh v. State of Punjab (1958), the Court held that:
A. Intention to cause death is not necessary for murder
B. Bodily injury must be sufficient in the ordinary course of nature to cause death
C. Motive is essential for murder
D. Negligence is sufficient for murder
Answer: B
Explanation: The Court established the test for murder under Section 103 BNS (corresponding to Section 300 IPC).
7. Culpable homicide not amounting to murder is punishable under which section of BNS?
A. Section 104
B. Section 105
C. Section 106
D. Section 107
Answer: A
Explanation: Section 104 BNS prescribes punishment for culpable homicide not amounting to murder.
8. Which of the following is not an exception to murder under Section 103?
A. Grave and sudden provocation
B. Private defence
C. Mistake of fact
D. Consent of victim
Answer: C
Explanation: Mistake of fact is a general defence under Chapter III, not an exception to murder under Section 103.
9. Grave and sudden provocation reduces:
A. Murder to attempt to murder
B. Culpable homicide to attempt
C. Murder to culpable homicide not amounting to murder
D. No reduction in offence
Answer: C
Explanation: Grave and sudden provocation is an exception that reduces murder to culpable homicide not amounting to murder.
10. The punishment for murder under Section 103 is:
A. Imprisonment up to 10 years
B. Imprisonment for life or death penalty
C. Fine only
D. Simple imprisonment up to 3 years
Answer: B
Explanation: Section 103 BNS provides death or imprisonment for life as punishment for murder.
11. Causing death by negligence is punishable under:
A. Section 105 BNS
B. Section 106 BNS
C. Section 107 BNS
D. Section 108 BNS Answer: B
Explanation: Section 106 BNS deals with causing death by doing a rash or negligent act not amounting to culpable homicide.
12. Causing death by rash or negligent act carries a punishment of:
A. Fine only
B. Imprisonment up to 2 years, or fine, or both
C. Imprisonment up to 5 years
D. Imprisonment for life
Answer: B
Explanation: Section 106 BNS provides imprisonment up to 2 years or fine or both for causing death by negligence.
13. The leading case defining rash and negligent act is:
A. Jacob Mathew v. State of Punjab
B. Virsa Singh v. State of Punjab
C. State of Andhra Pradesh v. Punnayya
D. K.M. Nanavati v. State of Maharashtra
Answer: A
Explanation: In Jacob Mathew (2005), the Supreme Court explained negligence in criminal law as gross negligence or recklessness.
14. A surgeon causes death while performing a risky but necessary operation. He is:
A. Guilty of murder
B. Guilty of culpable homicide
C. Guilty of causing death by negligence
D. Not guilty if he acted with due care and skill
Answer: D
Explanation: If the surgeon acted with due care and within professional standards, he is protected under Section 18 BNS (corresponding to IPC Section 80).
15. Rash driving causing death comes under which section of BNS?
A. Section 106(2)
B. Section 108
C. Section 109
D. Section 110
Answer: A
Explanation: Section 106(2) BNS provides enhanced punishment (up to 10 years) if rash driving causes death.
16. Death caused in a lawful act done without criminal intent falls under:
A. Section 102
B. Section 106
C. Section 18
D. Section 108
Answer: C
Explanation: Section 18 BNS (corresponding to IPC Section 80) provides that an accident in doing a lawful act in a lawful manner without intent or knowledge is not an offence.
17. Death by negligence requires:
A. Intention
B. Motive
C. Gross negligence or recklessness
D. Ordinary carelessness
Answer: C
Explanation: Criminal negligence involves gross or culpable neglect of duty leading to death.
18. In Naresh Giri v. State of M.P., the Court held that:
A. Ordinary negligence is enough for conviction
B. High degree of negligence is required
C. Mens rea is not required
D. Motive is sufficient
Answer: B
Explanation: The Court held that to constitute criminal negligence, the negligence must be of a high degree.
19. The act of leaving a loaded weapon carelessly, resulting in death, constitutes:
A. Murder
B. Culpable homicide
C. Causing death by negligence
D. Suicide
Answer: C
Explanation: This act shows reckless disregard for safety, punishable under Section 106 BNS.
20. The maxim culpa lata dolo aequiparatur means:
A. Gross negligence is equivalent to intention
B. No crime without law
C. Ignorance of law is no excuse
D. Act and intention must coincide
Answer: A
Explanation: It means gross negligence is treated as equivalent to intentional wrongdoing in criminal law.
21. Abetment of suicide is punishable under:
A. Section 109
B. Section 107
C. Section 111
D. Section 112
Answer: A
Explanation: Section 109 BNS deals with abetment of suicide, similar to Section 306 IPC.
22. Abetment of suicide of a minor or person of unsound mind is punishable with:
A. Imprisonment up to 10 years
B. Imprisonment for life
C. Fine only
D. No punishment
Answer: B
Explanation: Section 109(2) BNS provides life imprisonment if the suicide is of a child or person of unsound mind.
23. Attempt to commit suicide is punishable under:
A. Section 110
B. Section 111
C. Section 112
D. Section 113
Answer: B
Explanation: Section 111 BNS punishes attempt to commit suicide with imprisonment up to one year, or fine, or both (reduced from IPC’s earlier criminalisation).
24. Which of the following is not punishable under BNS as “abetment of suicide”?
A. Harassment leading to suicide
B. Instigating suicide through continuous abuse
C. Silence of a bystander
D. Conspiracy to make someone commit suicide
Answer: C
Explanation: Mere inaction or silence without instigation or aiding does not amount to abetment.
25. Dowry death is defined under which section of BNS?
A. Section 113
B. Section 114
C. Section 115
D. Section 116 Answer: C
Explanation: Section 115 BNS corresponds to Section 304B IPC, defining dowry death.
26. For dowry death, the death must occur within:
A. 2 years of marriage
B. 5 years of marriage
C. 7 years of marriage
D. 10 years of marriage
Answer: C
Explanation: The death of a woman within 7 years of marriage under suspicious circumstances due to dowry harassment is considered dowry death.
27. Essential element for dowry death includes:
A. Demand for dowry soon before death
B. Intention to kill
C. Natural death
D. Sudden fight
Answer: A
Explanation: “Soon before death” there must be cruelty or harassment related to dowry demand.
28. In Satbir Singh v. State of Haryana (2021), the Court held:
A. Proof of cruelty and demand soon before death is essential
B. Dowry demand alone is enough
C. Suicide note is necessary
D. Death must be homicidal
Answer: A
Explanation: The Court reaffirmed that both cruelty and dowry demand soon before death must be proven.
29. Causing death of an unborn child is punishable under:
A. Section 117 BNS
B. Section 118 BNS
C. Section 119 BNS
D. Section 120 BNS
Answer: D
Explanation: Section 120 BNS (corresponding to Section 316 IPC) punishes causing death of a quick unborn child by act amounting to culpable homicide.
30. Which of the following is NOT an offence affecting human life under BNS?
A. Murder
B. Culpable homicide
C. Kidnapping
D. Dowry death
Answer: C
Explanation: Kidnapping is an offence against the human body, not directly an offence affecting human life.
- https://devgan.in/bns/chapter_06.php
- https://www.indiacode.nic.in/bitstream/123456789/20062/1/a2023-45.pdf
- https://prsindia.org/billtrack/the-bharatiya-nyaya-sanhita-2023
- https://bprd.nic.in/uploads/pdf/BNS_English_30-04-2024.pdf
- https://indianlawhub.com/offences-affecting-life-in-bharatiya-nyaya-sanhita/
- https://devgan.in/ipc/chapter_16.php
- https://www.pib.gov.in/PressReleasePage.aspx?PRID=2150269
- https://ktdspta.tripura.gov.in/web/sites/default/files/2025-02/New%20Criminal%20Law%20English.pdf
- https://blog.ipleaders.in/offences-against-human-body/
- https://lawfaculty.du.ac.in/userfiles/downloads/LLBCM/Law%20of%20Crimes-1%20BNS%202025.pdf
- https://uppolice.gov.in/site/writereaddata/siteContent/Three%20New%20Major%20Acts/202406281710564823BNS_IPC_Comparative.pdf
- https://jajharkhand.in/wp-content/uploads/2025/09/ppt-BNS-and-BSA.pdf
- https://cdnbbsr.s3waas.gov.in/s3ec0548042b1dae4950fef2bd2aafa0b9/uploads/2024/05/2024050922.pdf
- https://www.scconline.com/blog/post/2025/06/03/latest-criminal-law-cases-may-2025/
- https://lawfaculty.du.ac.in/userfiles/downloads/LLBCM/Law%20of%20Crimes-I%20BNS%202024.pdf
- https://api.sci.gov.in/supremecourt/2025/3511/3511_2025_4_1501_60508_Judgement_28-Mar-2025.pdf
- https://devgan.in/bns/chapter_15.php
- https://devgan.in/bns/section/125/
- https://cjp.org.in/sc-ruling-in-imran-pratapgarhi-case-understanding-police-powers-under-section-1733-bns/
- https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf
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