Visual representation of key legal definitions and punishments for offenses affecting life, as per Sections 100-113 of the BNS.
Offences Affecting Life (Section 100 -113) – BHARTIYA NYAY SANHITA, 2023
The concept of Offences Affecting Life (Section 100 -113 ) is one of the most serious aspects of criminal law, dealing with acts that result in the loss of human life. Sections 100 to 113 of the BNS comprehensively cover crimes such as culpable homicide, murder, negligent homicide, abetment of suicide, organized crime, and terrorism.
Section 100-105 : Culpable Homicide (EARLIER SECTION 299-304)
What is Section 100-105?
These sections cover offenses related to culpable homicide and murder, including their classifications and respective punishments.
- Culpable homicide (Section 100) is an act causing death with intention, knowledge, or reckless disregard for life.
- Murder (Section 101) is a graver offense, committed with clear intent to kill.
- Sections 102-105 further define the degrees of culpability and their respective punishments.
Explanations
- Murder (Section 101): A person who intentionally kills another, knowing the consequences.
- Culpable homicide not amounting to murder (Section 105): A person causing death without a clear intent to kill but acting recklessly.
Illustration
A stabs B in the chest with a knife, knowing it will cause death. This is murder. If A pushes B in a fit of anger, and B falls and dies, it is culpable homicide.
Punishment
- Murder (Section 103): Death penalty or life imprisonment, depending on the severity.
- Culpable homicide (Section 105): Imprisonment from 5-10 years, or life imprisonment, depending on intent.
Landmark Case
Bachan Singh vs. State of Punjab (1980) – In this case, the court established the rarest of the rare doctrine for awarding the death penalty.
Objective
These sections ensure fair punishment by distinguishing between intentional murder and reckless homicide.
Section 106-108 : Negligent Homicide & Suicide (EARLIER SECTION 304A -306)
What is Section 106-108?
These sections cover negligent homicide, suicide, and abetment of suicide.
- Negligent homicide (Section 106): Causing death through reckless actions (e.g., rash driving).
- Abetment of suicide (Section 108): Encouraging or aiding someone in committing suicide is a punishable offense.
Illustration
- A drives rashly, hitting a pedestrian who dies. A is guilty of negligent homicide.
- A provokes B to commit suicide by constant harassment. If B commits suicide, A is guilty of abetment of suicide.
Punishment
- Negligent homicide: Up to 5 years imprisonment.
- Abetment of suicide: Up to 10 years imprisonment.
Landmark Case
Ramesh Kumar vs. State of Chhattisgarh (2001) – In this case, the court held that continuous provocation leading to suicide constitutes abetment.
Objective
These sections penalize recklessness and provocation, preventing misuse of law and ensuring justice.
Section 109-112 : Attempt to Murder & Organized Crime (EARLIER SECTION 307-309)
What is Section 109-112?
These sections deal with attempts to murder and organized crimes like contract killing, extortion, and trafficking.
- Attempt to murder (Section 109): Making a serious attempt to take someone’s life.
- Organized crime (Section 111-112): Committing crimes as part of a criminal syndicate.
Illustration
- A fires a gun at B with intent to kill, but B survives. A is guilty of attempt to murder.
- A group engages in human trafficking. This is organized crime.
Punishment
- Attempt to murder: Up to 10 years imprisonment, life imprisonment if injury occurs.
- Organized crime: Minimum 5 years imprisonment, life imprisonment for severe cases.
Landmark Case
State of Maharashtra vs. Abu Salem (2013) – In this case, the court stated who is involved in organized crime under TADA, demonstrating severe penalties for syndicate crimes.
Objective
These sections ensure strict penalties for premeditated attempts to kill and large-scale criminal activities.
Terrorism & National Security (Section 113)
What is Section 113?
Section 113 defines terrorist acts as any action intended to threaten the unity, integrity, sovereignty, security, or economic stability of India.This section covers acts such as bombings, attacks on public functionaries, kidnappings, and other acts intended to cause terror and destabilize the nation.
Explanation
- Use of weapons, explosives, biological, radioactive, or hazardous substances to cause mass destruction.
- Targeting public functionaries or attempting to destabilize the government.
- Financing or abetting terrorist activities.
Illustration
A plants a bomb in a crowded marketplace with the intent to kill and spread fear. This act falls under Section 113 as a terrorist act.
Punishment
- Death or life imprisonment if the act results in death.
- Imprisonment of 5 years to life for other terrorist activities.
- Heavy fines imposed on individuals and organizations supporting terrorism.
Landmark Case
Yakub Memon vs. State of Maharashtra (2015) – In this case,Yakub Memon was convicted for his role in the 1993 Bombay blasts, which led to multiple deaths and injuries. The Supreme Court upheld his death sentence under terrorism laws.
Objective
Section 113 ensures strict punishment for acts of terrorism to safeguard national security and prevent threats to public safety and sovereignty.
QUICK SUMMARY
| Offence | BNS Sections (2023) | IPC Sections (1860) | Key Differences |
|---|---|---|---|
| Culpable Homicide & Murder | 100-105 | 299-304 | Terminology remains largely the same, but BNS simplifies classification and punishment structures. |
| Negligent Homicide & Abetment of Suicide | 106-108 | 304A-306 | No major changes, but clearer definitions of negligence and abetment. |
| Attempt to Murder & Organized Crime | 109-112 | 307-309 | Organized crime (BNS 111-112) is newly codified to cover syndicates, contract killing, and trafficking. |
| Terrorism & National Security | 113 | Covered under UAPA, TADA, POTA | BNS explicitly incorporates terrorism under national security laws, centralizing provisions. |
SOURCE- MINISTRY OF HOME AFFAIRS
FAQ’s
- What constitutes ‘murder’ under the Bharatiya Nyaya Sanhita?
Murder is defined as the unlawful killing of a person with intent or knowledge that the act is likely to cause death. - How does the BNS differentiate between ‘culpable homicide’ and ‘murder’?
The distinction lies in the intent and knowledge behind the act. Culpable homicide involves causing death with intent or knowledge, but without premeditation, whereas murder involves deliberate intent to kill. - What are the punishments prescribed for causing death by negligence under the BNS?
Causing death by negligence can result in imprisonment for up to five years, a fine, or both. - How does the BNS address the abetment of suicide?
The BNS imposes penalties for abetting suicide, reflecting a commitment to addressing such offenses. - What provisions does the BNS have for organized crime and terrorism?
The BNS introduces specific sections addressing organized crime and terrorism, defining these offenses and prescribing stringent punishments to deter such activities.
