'X' and 'Y', swimming in the sea after a shipwreck, got hold of a plank. The plank was not large enough…

X deliberately deprives an innocent person of the only support available in the sea and causes that person’s death. The emergency does not by itself authorise intentional homicide. Section 81 protects prevention of harm without criminal intention to cause harm; its condition is not met by deliberately sacrificing Y to save X. No consent, aggression by Y, or qualifying sudden fight is supplied to invoke a murder exception. The act is therefore murder on the stated facts, not merely negligent killing.

Current law: For offences from 1 July 2024, the corresponding BNS provisions are sections 19, 100 and 101. BNS section 358 preserves prior IPC liabilities and proceedings.