With reference to the exceptions to murder in Section 101 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 300 IPC), which of these statements is NOT correct?
Question and options
With reference to the exceptions to murder in Section 101 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 300 IPC), which of these statements is NOT correct?
- 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
- Culpable homicide is not murder if the offender, being a public servant or aiding a public servant for the advancement of public justice, exceeds the powers given to him by law, and causes the 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
- Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident
- Culpable homicide is not murder if it is committed without premeditation in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner
Answer and explanation
Correct answer: D - Culpable homicide is not murder if it is committed without premeditation in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner
Exception 4 to s.101 BNS (formerly s.300 IPC) requires the act to be committed 'in a sudden fight' in the heat of passion upon a sudden quarrel. The sudden-quarrel statement omits the sudden fight, so it is the incorrect one. The statements on private defence, public servants and grave and sudden provocation correctly state Exceptions 2, 3 and 1.
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