Murder Lawyer in Delhi Section 101 of BNS Defines murder and prescribes punishment for murder
The Bharatiya Nyaya Sanhita (BNS), 2023, which replaces the Indian Penal Code (IPC), introduces new sections and modifications to the legal framework governing murder and related offenses. Additionally, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replaces the Code of Criminal Procedure (CrPC), and the Bharatiya Sakshya Adhiniyam (BSA), 2023, replaces the Indian Evidence Act.
Murder Under BNS (Replaces IPC)
Relevant Section for Murder:
- Section 101 of BNS: Defines murder and prescribes punishment for murder.
- Punishment: Death penalty, life imprisonment, and a fine (similar to IPC Section 302).
- Section 102 of BNS: Defines culpable homicide not amounting to murder.
- Punishment varies based on the severity and intent.
- Section 103 of BNS: Defines death caused by rash or negligent acts (formerly covered under IPC Section 304A).
BNSS (Replaces CrPC) – Procedural Provisions for Murder Cases
- BNSS governs the investigation, arrest, and trial of individuals accused of murder.
- Key BNSS provisions for murder cases:
- Section 154 BNSS: Registration of FIR.
- Section 173 BNSS: Completion of investigation and filing of a charge sheet.
- Section 207 BNSS: Providing documents to the accused before trial.
- Section 313 BNSS: Examination of the accused before judgment.
- Section 374 BNSS: Appeals in cases involving death sentences or life imprisonment.
BSA (Replaces Indian Evidence Act) – Evidentiary Provisions
- BSA governs the admissibility of evidence in murder trials.
- Key BSA provisions related to murder cases:
- Section 25 BSA: Confession before a police officer is inadmissible.
- Section 27 BSA: Discovery of facts from confessional statements.
- Section 45 BSA: Expert opinion (forensic and medical reports) admissibility.
- Section 65 BSA: Admissibility of electronic evidence.
Key Changes from IPC to BNS
- New numbering system: Sections have been renumbered.
- Same punishments: No major changes in penalties for murder.
- Enhanced procedural efficiency: BNSS aims to speed up trials.
- Recognition of electronic evidence: Strengthened provisions under BSA.
Would you like a detailed comparison between IPC and BNS regarding murder laws?