Clause 101: Murder - Punishment and Bail Procedure
Updated on April 01, 2025 09:11:05 AM
Clause 101 of BNS defines the crime related to Murder, which was previously mentioned under Section 300 of the Indian Penal Code. Murder is a criminal offence that is done intentionally to kill any person or group of people. As we always hear in the news, most of the murders happen only on the basis of caste, religion, gender or language. Most of the time some of the criminal allegiances are fake but that time we are not aware about our rights and bail procedure.
However, the claim of murder is just a claim until it proves in the court via a legal procedure. During trial, the accused can get bail with a promise to appear. In this article we will go through a comprehensive understanding about this criminal offence (Murder), its punishment and the legal procedure of the Bail.
Here, is an overview of Clause 101 of BNS given below:
Offence
Murder
Clause under BNS
Clause 101
Bail
Non-Bailable
Nature of Offence
Cognizable
Penalties and Punishments
Imprisonment for life or death, Fine or Both
Triable
Any Magistrate
Defining the Offence under Clause 101
Clause 101 of BNS clearly defines that -“Except in the cases hereinafter excepted, culpable homicide is murder,––
(a) if the act by which the death is caused is done with the intention of causing death; or
(b) if the act by which the death is caused is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; or
(c) if the act by which the death is caused is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or
(d) if the person committing the act by which the death is caused, knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.”
Punishment for the Offence of Murder
The punishment for muder is outlined in Clause 101 of the BNS. A person who commits murder faces severe punishment, including death penalty or life imprisonment, along with a fine. Additionally, if a group of five or more individuals acts together to commit murder based on factors such as race, caste, religion, gender, place of birth, language, or personal beliefs, each member of the group is subject to the same punishment—either death or life imprisonment, along with a fine. Several provisions in this act are intended to deter individual perpetrators as well as groups from committing such heinous crimes based on discriminatory grounds.
Bail Provision for the Offence under Clause 101
Here, the complete stepwise procedure of Bail is given below:
Step 1: Seeking Legal Professional help
It is essential to seek legal help from an experienced lawyer in Criminal law, who provides complete guidance on the process of bail. The lawyer also helps to prepare the application and representation during the court hearing.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
Step 2: Application Filing
On your behalf, the lawyer files an application of bail to the magistrate or session court having jurisdiction over the case. This application must contain the below-mentioned points:
Accused Details ( ex - Name, Address & Occupation)
Nature of Offense
Date of Custody or Bail
Grounds of Bail
Sureties (if applicable) or Guarantees.
Step 3: Hearing on Bail Application
After getting the bail application, the court sends a notice to the prosecution to present their arguments if they have. During the hearing, the judge carefully examines the seriousness of the offence, the evidence against the accused and the chances of them fleeing or tampering with the evidence and victims. It's a delicate balancing act in which all parties get a chance before the court makes a final judgement.
Step 4: Grant of Bail or Denied
At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.
If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
How can “Litem Legalis” help you?
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Conclusion
The seriousness of murder is embodied in Clause 101 of BNS, which stipulates harsh penalties to dissuade such horrible deeds. Holding offenders responsible for their acts guarantees that justice is done. Furthermore, the bail process described in this section carefully balances the rights of the accused with the needs of the community. Clause 101, a fundamental component of criminal law, serves as a wall against impunity and a reminder of the value of protecting the rule of law while pursuing justice.
Frequently Asked Questions (FAQs)
What is Bail?
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
What is Bharatiya Nayaya Sanhita 2023?
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Which offences are not applicable for bail?
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
What is the Anticipatory Bail?
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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