Subject to none of the exceptions to section 101 of the Bharatiya Nyaya Sanhita, 2023 applying, which…

The murder condition in section 101(d) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 300 fourthly IPC) combines an exceptionally dangerous act, the actor's awareness of its probable fatal consequence, and absence of justification for taking that risk. It can apply without a plan to kill a particular victim. The question separately excludes the statutory exceptions that could reduce the classification.

Why not "If the act by which the death is caused is done with the intention of causing such bodily injury as is likely to cause death"? Intending bodily injury that is likely to cause death is a formulation associated with culpable homicide under section 100. It does not express the requested condition based on knowingly taking an imminently fatal risk without excuse. The distinction concerns the precise mental element and degree of danger described.

Why not "If the act by which the death is caused is done with the knowledge that he is likely by such act to cause death"? Knowledge that an act is likely to cause death supplies a culpable-homicide formulation, but it omits the heightened danger and absence of excuse required by the specified murder condition. Merely identifying a possible or likely fatal consequence does not reproduce the stricter statutory combination asked for here.

Why not "If the person committing the act knows that it is so imminently dangerous that … must, in all probability, cause death but has an excuse for incurring the risk … causing death"? The express assertion that the actor has an excuse conflicts with a necessary element of the requested murder condition. Even though the wording is abbreviated, that stated qualification is enough to distinguish it. The relevant condition demands undertaking the exceptional danger without an excuse for exposing others to it.