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murder

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51 views1 page

murder

Law notes

Uploaded by

Afsana
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Life imprisonment is the minimum sentence under Section 302 IPC

Factors like parity, old age, health concerns cannot justify reduction below the minimum sentence
The appellant's personal circumstances (age 67, medical conditions) cannot outweigh the need for justice
Reducing the sentence would risk undermining the seriousness of the crime
On Evidence:
Medical evidence, eyewitness testimony, and weapon recovery provided conclusive proof
The findings of both Trial Court and High Court were well-founded
The nature and location of injuries, choice of weapon, and attack circumstances clearly established liability
The Supreme Court ultimately upheld both the conviction under Section 302 IPC and the life imprisonment sentence,
finding no merit in the appeal for reduction of sentence.

What are the Legal Provisions of Bharatiya Nyaya Sanhita, 2023 Involved in the Case?

Section 101: Murder


Section 101 deals with Murder.
Direct Intention
Act done with the intention of causing death.
Knowledge-Based Intent
Act done with intention to cause bodily injury.
Offender knows injury likely to cause death.
Natural Consequence
Act done with intention to cause bodily injury.
Injury sufficient in ordinary course to cause death.
Imminently Dangerous Acts
A person knows the act is imminently dangerous.
High probability of causing death/fatal injury.
No excuse for risk.
Exceptions to Murder (When Culpable Homicide is Not Murder)
Grave and Sudden Provocation
Offender deprived of self-control.
Death caused to provoker or by mistake.
Limitations:
Provocation not sought/voluntarily provoked.
Not applicable if provocation given:
In obedience to law.
By public servant in lawful duty.
In lawful exercise of private defense.
Private Defense
Death caused in exercise of right of private defense.
Public Servant's Act
Death caused by public servant.
Acting in good faith.
Sudden Fight
Without premeditation.
In a heat of passion.
Upon sudden quarrel.
Consent
Deceased above 18 years.
Death caused with victim's consent.
Risk taken voluntarily by victim.
Section 103: Punishment for Murder:
Whoever commits murder shall be punished with death or imprisonment for life and shall also be liable to fine.
When a group of five or more persons acting in concert commits murder on the ground of race, caste or
community, sex, place of birth, language, personal belief or any other similar ground each member of such
group shall be punished with death or with imprisonment for life and shall also be liable to fine.

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