Murder, Abduction & Death by Negligence

Offences against life are the gravest in the Bharatiya Nyaya Sanhita, 2023. Murder is defined in Section 101 and punished under Section 103 BNS (death or life imprisonment); culpable homicide not amounting to murder is punished under Section 105. Causing death by a rash or negligent act falls under Section 106 BNS, which also carries an enhanced punishment for hit-and-run cases where the driver flees without reporting. Abduction and kidnapping are dealt with under Sections 137 to 140 BNS, including aggravated forms such as kidnapping for ransom. These matters are tried before the Sessions Court and turn on intention versus knowledge, the chain of circumstances, last-seen-together evidence, motive and forensic proof (post-mortem, FSL, ballistics, DNA). The difference between Section 103 and Section 105 — often the difference between a life sentence and a far lighter term — usually rests on the exceptions to murder, such as grave and sudden provocation or exceeding the right of private defence. Our team handles these cases from the sessions trial to Supreme Court appeals — building the defence theory, rigorously challenging forensic and eyewitness evidence, and, for victims’ families, ensuring effective prosecution and compensation.