Assignment

1. What is Environment? What are it's Problems?

• The environment encompasses all surrounding conditions, both living and non-living, that affect an organism or group of organisms.
• Environmental problems, often stemming from human activities, include issues like pollution, deforestation, and climate change, which negatively impact both the planet and human well-being.

What is the Environment?

• The environment includes everything that surrounds us: the air, water, land, and all living things.
• It encompasses both natural elements (like forests, oceans, and mountains) and human-made elements (like buildings and roads).
• The environment provides the resources necessary for life and is crucial for maintaining ecological balance.
• It is the foundation of the biosphere, which is the area of Earth where life exists.

What are the Problems?

• Environmental problems are disruptions to the natural environment caused by human activities or natural events.
• These problems have far-reaching consequences for ecosystems, human health, and the economy.

Key Environmental Problems:

Climate Change:

• Caused by greenhouse gas emissions from burning fossil fuels, leading to rising global temperatures, sea levels, and extreme weather events.

Pollution:

• Includes air, water, and soil pollution from industrial waste, agricultural runoff, and improper waste disposal, harming ecosystems and human health.

Deforestation:

• The clearing of forests for agriculture, logging, and urbanization, leading to habitat loss, soil erosion, and increased carbon emissions.

Resource Depletion:

• Overuse of natural resources like water, minerals, and fossil fuels, leading to scarcity and potential conflicts.

Loss of Biodiversity:

• The decline in the variety of plant and animal life, making ecosystems more vulnerable to disruptions.

Overpopulation:

• Increased demand for resources and increased waste generation strain the environment.

Waste Management Issues:

• Improper disposal of solid and hazardous waste leads to pollution and health problems.

2. What are Remedies Available for Environmental Pollution.

Here are the remedies available for different types of environmental pollution, with relevant case examples:

Air Pollution Remedies:

• Implement strict emission standards.
• Promote public transport and cycling.
• Enhance urban greenery and forestry.
• Use cleaner renewable energy sources.

Case example:

• Delhi's winter pollution interventions included power plant shutdowns, truck entry restrictions, and school closures to improve air quality.

Water Pollution Remedies:

• Treat industrial effluents before discharge.
• Promote sewage treatment plants.
• Enforce strict regulations on agricultural runoff.
• Implement wetland restoration for natural filtration.

Case example:

• Cleanup of Mohu Wastewater Treatment Plant using real-time gas emission monitoring solved odour complaints.

Land Pollution Remedies:

• Proper waste segregation and recycling.
• Ban or limit use of harmful pesticides.
• Implement landfill gas capture systems.
• Promote organic farming and composting.

Case example:

• Hyderabad landfill management using smart odour monitoring enabled regulatory compliance.

Noise Pollution Remedies:

• Enforce noise limits in industrial areas.
• Use noise barriers and soundproofing.
• Regulate construction and traffic noise.
• Increase public awareness about noise effects.

Case example:

• Adjudging Masjid and Dargah's to remove loud speakers during the prayer of Azaan.

In Conclusion:

• Each case highlights integration of technology and community/industrial cooperation to mitigate pollution effectively.
• These examples demonstrate the importance of tailored solutions for each pollution type involving regulation, technical innovation, and public awareness.

3. Discuss the Principle of Hit and Run.

• The Principle of Hit and Run under the Bharatiya Nyaya Sanhita (BNS), 2023 in the Indian Justice System criminalizes the act of a driver fleeing the scene of an accident without assisting the victim or reporting to authorities.
• This principle is primarily codified under Section 106 of the BNS, 2023, which distinctly penalizes drivers based on whether they report the accident or flee the scene.

Definitions and Sections:

• Hit and Run Case:
• When a vehicle involved in an accident either leaves the scene without helping the injured or reporting the incident, it constitutes a hit-and-run offense.
• This is considered serious due to the lack of immediate aid leading potentially to severe injury or death, and the moral and legal breach of fleeing responsibility.
• Section 106(1) BNS:
• Applies if the driver voluntarily reports the accident to the nearest police station or magistrate.
• The punishment for this is up to 5 years imprisonment and a fine.
• This section acknowledges a level of responsibility in reporting the incident.
• Section 106(2) BNS:
• Applies if the driver leaves the accident scene without reporting.
• This is treated as a more severe offense, punishable by up to 10 years imprisonment and a fine.
• This reflects an attempt to evade legal responsibility and highlights the gravity of fleeing the accident site after causing injury or death.

Background:

• Previously, hit-and-run offences were governed by the Indian Penal Code sections 279 (rash driving) and 304A (causing death by negligence) with relatively lighter punishments (up to 2 years imprisonment).
• The Motor Vehicles Act, 1988, also required drivers to stop and assist, but enforcement was weak.
• The new BNS law significantly increases penalties and accountability.

Relevant Case Examples:

2. Sanjeev Nanda Case (1999):

• In 1999, Sanjeev Nanda, a businessman, drove his car over several people, including three police officers, in Delhi, killing them.
• Nanda fled the scene but was later apprehended and convicted after a lengthy trial

3. Janhavi Gadkar Case (2015):

• In 2015, Janhavi Gadkar, a lawyer, crashed her car into a taxi in Mumbai, killing two people.
• She was later found to be intoxicated at the time of the accident.

Significance and Rationale:

• This principle is designed to encourage drivers to remain at accident sites, report promptly, and assist victims, thus potentially saving lives and ensuring justice.
• The law also reflects societal condemnation of reckless driving and evasion of liability.

Summary Table:

In Conclusion:

• The hit-and-run provisions under BNS, 2023, therefore, codify a principle where fleeing the accident scene is recognized as a serious crime with strict penalties, marking a shift towards stronger road safety accountability in India's justice system.

4. Explain Permanent Disablement

• Permanent Disablement in the Indian legal system refers to a condition where a person suffers a permanent residual disablement after an accident or injury, resulting in loss of earning capacity or permanent incapacity for work.
• It is recognized under various laws such as the Employees’ State Insurance Act (ESIC), Workmen’s Compensation Act, and Employee Compensation Act, among others.

Definition:

• Permanent Disablement means a lasting loss or reduction of physical or mental ability due to injury or occupational diseases, which affects the person’s capacity to earn or perform work.
• It includes both permanent partial disablement and permanent total disablement depending on the degree of impairment.

Legal Sections Under Various Acts:

• Employees’ State Insurance Act (ESIC), 1948:
• Permanent Disablement Benefit (PDB) is payable to an insured person (IP) who suffers permanent disablement as a result of employment injury or occupational disease.
• The extent of disablement and loss of earning capacity is assessed by a Medical Board.
• Relevant schedules list injuries deemed to result in permanent disablement with percentage loss indicated.
• Workmen’s Compensation Act, 1923 (Bengal Amendment and others):
• The Act defines permanent disablement as an injury that reduces earning capacity permanently.
• Compensation is payable based on the degree of permanent disablement specified in schedules.
• The definition and compensation calculations are present in Sections related to disablement and compensation.
• Employee's Compensation Act, 1923 (BSA):
• Defines "total disablement" as disablement incapacitating an employee for all work he was capable of before.
• Compensation amount depends on the percentage and nature of disablement.
• It provides specific compensation rates for permanent total disablement.

Assessment of Disablement:

• Medical Boards or special medical authorities assess the extent and grade of permanent disablement.
• If proved permanent and final, compensation and benefits are payable for life or the specified duration.
• Age, medical certification, and proof of injury/disablement are critical.

Real-life Case Example:

• In the case related to Person with Disability (PWD), 2016 Act and disability pensions, courts have ruled that officers or employees lowered to an inferior medical category due to service-related disability are entitled to disability pension alongside regular pension.
• The Supreme Court has interpreted these provisions by allowing disability elements when the disability is linked to service (e.g., a military service disability pension case interpreted under Regulation 53 of the Defense Service Regulations).

Key Points from Legal Rights and Disability Benefits:

• Persons with locomotor disabilities over 80% are entitled to benefits such as travel concessions, subsidized facilities, and other welfare schemes.
• Legal capacity and rights are secured under the Rights of Persons with Disabilities Act, 2016, which also governs guardianship and legal support for disabled persons.

Conclusion

• Thus, permanent disablement is legally recognized as a condition reducing earning capacity substantially and permanently, assessed medically, and compensated under specific labor and social security legislations such as ESIC, Workmen’s Compensation Act, and Employee Compensation Act.
• Real judicial precedents have upheld rights to disability pensions and concessions based on such assessments.

5. Is the Constitution of India FEDERAL? Explain.

The Constitution of India is considered a federal constitution with strong unitary features, often described as quasi-federal.

Below is an explanation with examples to clarify its federal nature:

1. Division of Powers Between Centre and States

• The Constitution provides a clear division of legislative powers among the Union (Central government) and the States through three lists in the Seventh Schedule:
• Union List (subjects under the exclusive power of Parliament)
• State List (subjects under the exclusive power of state legislatures)
• Concurrent List (subjects where both can legislate)
• Example: Defence is in the Union List, Police in the State List, and Education in the Concurrent List.

2. Dual Government System

• India has two levels of government—Centre and States—each sovereign in its own sphere as per the Constitution.
• Example: Both Parliament and state legislatures have their own legislative authority and governments.

3. Written and Rigid Constitution

• The Constitution is written and changes to federal provisions require the concurrence of at least half of the states, making it rigid like a federal setup.
• Example: Amendments affecting the distribution of powers need ratification by states.

4. Supremacy of the Constitution

• The Constitution is the supreme law. Both Centre and States are bound by it and cannot override its provisions.
• Example: Supreme Court adjudicates disputes between Centre and States.

5. Independent Judiciary and Judicial Review

• The Supreme Court is an independent body that settles conflicts between Centre and States, safeguarding federalism.
• Example: Judicial review safeguards the division of powers.

6. Residuary Powers to the Centre

• Unlike classic federations where residuary powers belong to states, in India, such powers (on subjects not enumerated in any list) rest with the Parliament.
• Example: Central government can legislate on any matter not listed in any schedule.

7. Single Citizenship

• India has a single citizenship for the entire country, unlike typical federations where each state may have its own citizenship.

8. Strong Centre with Emergency Powers

• The Union government enjoys overriding powers in emergencies, including dissolving state governments (Article 356).
• Example: During national emergencies, Centre assumes greater control, making it unitary in spirit.

9. No Separate Constitutions for States

• Unlike classical federations, Indian States do not have separate constitutions; all states function under the single Constitution of India.

10. Rajya Sabha as a Federal Chamber

• The Rajya Sabha (Council of States) represents states, but its powers and state representation are not equal as in classic federal upper houses.

Examples:

• Division of Powers: Union List includes Defence; State List includes Police; Concurrent List includes Education.
• Emergency Provision: During President's Rule under Article 356, state government functions can be suspended.
• Judicial Settlement: Supreme Court decides disputes between Centre and States.

This explains why the Constitution of India is often described as federal in form but unitary in spirit.

Conclusion:

• India’s Constitution is federal in that it divides powers constitutionally between Centre and States, provides separate governments with independent spheres, and has an independent judiciary.
• However, features like residuary powers to the Centre, single citizenship, emergency provisions, and lack of equal state representation lend it strong unitary traits, making it a quasi-federal or federation with a unitary bias.
• This balance was intentional to accommodate India's diversity and need for unity while preserving state autonomy.

6. Fundamental Duties

FUNDAMENTAL DUTIES – Article 51A

The Fundamental Duties of Indian citizens are enshrined in Part IVA of the Constitution under Article 51A, inserted by the 42nd Constitutional Amendment Act, 1976, following the recommendations of the Swaran Singh Committee. These duties aim to balance rights with civic responsibilities and instill a sense of constitutional morality.

Article 51A lists 11 duties for every citizen where it says:

It shall be the duty of every citizen of India —

• Clause (a): Abide by the Constitution and respect its ideals, the National Flag, and the National Anthem
• Clause (b): to cherish and follow the noble ideals which inspired our national struggle for freedom
• Clause (c): to uphold and protect the sovereignty, unity and integrity of India;
• Clause (d): to defend the country and render national service when called upon to do so;
• Clause (e): to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
• Clause (f): to value and preserve the rich heritage of our composite culture;
• Clause (g): to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
• Clause (h): to develop the scientific temper, humanism and the spirit of inquiry and reform;
• Clause (i): to safeguard public property and to abjure violence;
• Clause (j): to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;
• Clause (k): Provide opportunities for education to children aged 6–14 years (linked to Article 21A), (Added by the 86th Amendment Act, 2002)

Landmark Judgments:

• MC Mehta v. Union of India (1987): Enforced Article 51A(g) to uphold environmental protection.
• AIIMS Students Union v. AIIMS (2001): Reinforced that duties are essential for constitutional balance.
• Rural Litigation and Entitlement Kendra v. State of U.P. (1985): Emphasized environmental duties.

Conclusion:

Fundamental Duties under Article 51A are crucial in promoting constitutional values, supplementing Part III (Fundamental Rights) and Part IV (Directive Principles) for holistic governance.

7. Kesavananda Bharti v/s State of Kerela

The Kesavananda Bharati v. State of Kerala case (1973) is a landmark Supreme Court of India judgment that established the Basic Structure Doctrine limiting Parliament's power to amend the Constitution.

Background:

• Kesavananda Bharati was head of Edneer Mutt, a religious institution in Kerala, owning certain land.
• Kerala passed Land Reforms Acts in the 1960s and amendments in 1969 and 1971 allowing government acquisition of land owned by religious institutions like Edneer Mutt.
• Bharati challenged these laws, citing violation of fundamental rights under Articles 14 (equality), 19(1)(f) (property rights), 25 (freedom of religion), 26 (manage religious affairs), and 31 (compulsory acquisition of property) of the Indian Constitution.

Case Filing:

• On March 21, 1970, Bharati filed a writ petition in the Supreme Court under Article 32, challenging the constitutional validity of the Kerala Land Reform Amendments.

Legal Context:

• Prior Parliamentary amendments (24th, 25th, and 29th Amendments) sought to restrict judicial review and expand Parliament’s power to amend Constitution, including limiting fundamental rights related to property.

Supreme Court Bench:

• A 13-judge bench, the largest ever, heard the case over 68 days from October 1972 to March 1973.

Judgment (April 24, 1973):

• The Court ruled by a narrow 7:6 majority that Parliament can amend any part of the Constitution, including fundamental rights, but cannot alter the "basic structure" or essential framework of the Constitution.
• This established the Basic Structure Doctrine, meaning certain fundamental features like judicial review, federalism, separation of powers, and fundamental rights cannot be destroyed or abrogated by amendments.
• It balanced Parliament’s power to bring socio-economic reforms (like land reforms) while protecting core constitutional principles.

Significance:

• The case reaffirmed Supreme Court’s role as guardian of the Constitution.
• It limited Parliament’s amending power to preserve democracy, rule of law, and fundamental rights.
• It overruled earlier judgments that gave Parliament unlimited amending powers.
• Bharati’s challenge also emphasized protecting religious and property rights but acknowledged reasonable reform within constitutional limits.

In Conclusion:

• Kesavananda Bharati case was a historic judgment which defined that while the Constitution is amendable, its basic structure cannot be abrogated or destroyed, securing constitutional supremacy and judicial review in India.
• This case is considered pivotal in Indian constitutional law, shaping the balance of power between Parliament and Judiciary and safeguarding fundamental rights and democratic governance.

8. Habeas Corpus Writ

Meaning and Concept:

• The term Habeas Corpus literally translates to "to have the body of."
• It commands the detaining authority to produce the detained person before the court and justify the legality of the detention.
• If the court doesn't find any valid legal reason for the detention, it orders the immediate release of the individual.

Constitutional Provisions in India:

• Article 21: guarantees the fundamental right to protection of life and personal liberty.
• Article 32: guarantees the right to move the Supreme court for the enforcement of Fundamental Rights.
• Article 226: The High courts have the power to issue writs, including habeas corpus, not only for the enforcement of fundamental rights but also for any other legal purpose.

Purpose of Habeas Corpus Writ:

• Requiring Legal Justification:
• Immediate Release
• Safeguarding Fundamental Rights
• Preventing Misuse of Power

Circumstances for Filing a Habeas Corpus Petition:

A writ of habeas corpus can be filed in the following circumstances:

1. Illegal Detention: When a person is detained without legal authority or in violation of procedural safeguards.
2. Unlawful Arrest: Arrests made without a valid warrant or due process of law.
3. Detention Beyond Authorised Period: When the detention exceeds the period permitted by law.
4. Violation of Court Orders: When an individual is held despite a court order for release.
5. Preventive Detention: When preventive detention laws are misused or not adhered to.
6. Detention Without Evidence: When there is insufficient cause or evidence for detention.

Example: If a police officer detains a person without a warrant and fails to produce the person before a magistrate within 24 hours, the family or any person on behalf of the detainee can file a habeas corpus petition.

Who can File a Habeas Corpus Petition?

The writ of habeas corpus can be filed by:

1. The Detainee: The person who is unlawfully detained.
2. Family Members or Friends: On behalf of the detained person.
3. Organisations or Activists: Public-spirited individuals or NGOs acting on behalf of the detainee.

Grounds for Refusal of Habeas Corpus:

1. Lack of Jurisdiction: If the court lacks territorial jurisdiction over the detaining authority.
2. Lawful Detention: When the detention is legally justified and authorised.
3. Pending Judicial Proceedings: If the detention is based on a valid court order.
4. Defects Removed: When procedural errors in detention are rectified.
5. Detainee Already Released: If the person is no longer in custody.
6. Emergency Situations: During emergencies, certain rights, including the writ of habeas corpus, may be suspended (pre-44th Amendment).

Key Features of Habeas Corpus:

1. Procedural Writ: It acts as a procedural safeguard against unlawful detention.
2. Speedy Remedy: The writ ensures prompt judicial intervention.
3. Locus Standi Relaxed: Any person can file the petition on behalf of the detainee.
4. Immediate Release: If detention is found illegal, the court orders the detainee’s release.
5. Judicial Scrutiny: Courts examine the grounds and legality of detention.
6. Not Limited to Fundamental Rights: High Courts can issue the writ for legal rights as well.

Landmark Judgements:

1. ADM Jabalpur v. Shivkant Shukla (1976) – Known as the Habeas Corpus case. During Emergency, the SC controversially held that Article 21 can be suspended. This was overruled in later cases.
2. Sunil Batra v. Delhi Administration (1978) – SC entertained a Habeas Corpus petition based on a letter, showing the flexibility and humanism of this writ.

Conclusion:

• The writ of habeas corpus remains one of the most powerful judicial remedies for protecting personal liberty in India.
• Habeas Corpus is a guardian against state tyranny, and a foundational element of rule of law in India.
• It upholds the essence of democracy by ensuring no person is deprived of liberty without due process.
• By empowering courts to scrutinise the legality of detention, the writ acts as a check on arbitrary and unlawful state action.

9. Types of Punishment

Introduction:

• The Bharatiya Nyaya Sanhita (BNS) 2023, which replaces the Indian Penal Code (IPC), aims to modernize India’s criminal justice system.
• One key aspect of this legislation is its detailed framework for different types of punishments.
• Section 4 (a to f) of BNS defines the punishments are as follows:

Types of Punishment:

1. Death Penalty
• The death penalty is reserved for the most heinous crimes, such as specific types of murder and acts of terrorism.
• The BNS 2023 maintains the death penalty as a deterrent and punitive measure for the gravest offenses.
• Case Law: Mukesh & Anr vs State (NCT of Delhi) & Ors (2017) Commonly known as the Nirbhaya case
• This landmark judgment reaffirmed the death penalty for the convicts of brutal gang rape and murder, highlighting the severity with which such crimes are treated.
2. Imprisonment:

• There are two types of Impresonment:

1. Simple Imprisonment:

• This does not involve hard labor and is usually for less severe crimes.

2. Rigorous Imprisonment: This involves hard labor and is prescribed for serious offences.

• Case Law: State of Gujarat vs Kishanbhai (2014) –
• The Supreme Court discussed the appropriateness of rigorous imprisonment for the convict in a kidnapping and murder case.
• Case Law: Sunit Batra vs Delhi Administration (1980)-
• This case emphasized the humane treatment of prisoners and the conditions under which imprisonement should be carried out.

3. Life Imprisonment:

• Life imprisonment entails incarceration for the convict’s natural life.
• It is a common alternative to the death penalty for heinous crimes.
• Case Law: Swamy Shraddananda vs State of Karnataka (2008) –
• This case illustrated the use of life imprisonment instead of the death penalty, emphasizing rehabilitation and reform.

5. Fine:
• Fines are monetary penalties that can be imposed alone or in conjunction with other punishments.
• They serve as a deterrent for financial and regulatory offenses.
• Case Law: M.C. Mehta vs Union of India (1987) –
• The Supreme Court imposed heavy fines on industries for environmental violations, showcasing the application of fines as punitive and corrective measures.
6. Forfeiture of Property:
• This involves the confiscation of property derived from or used in criminal activities.
• It is aimed at depriving offenders of the economic benefits of their crimes.
• Case Law: T. Venkatesan vs State of Tamil Nadu (2003) –
• The court upheld the forfeiture of property of a public servant convicted of corruption, reinforcing the principle of no gains from crime
7. Community Service:

• Introduced as a reformative punishment, community service mandates offenders to engage in community-beneficial activities.
• This aims at rehabilitating offenders while benefiting society.
• Case Law: Appropriate sentencing decisions involving community service
• Although specific case laws may evolve, community service is recognized as a rehabilitative approach that has two types as mentioned below:
• Probation
• Probation allows offenders to stay in the community under supervision, instead of serving time in prison.
• It is often used for first-time offenders and minor crimes.
• Case Law: Joginder Singh vs State of Punjab (1979) –
• The Supreme Court discussed the conditions under which probation can be granted, emphasizing rehabilitation over incarceration.
• Restitution
• Restitution requires offenders to compensate victims for their losses.
• This form of punishment emphasizes restorative justice by directly addressing the harm caused by the crime.
• Case Law: K.A. Abbas H.S.A vs Sabu Joseph (2010) –
• The court ordered restitution to the victim in a case of fraud, highlighting the importance of compensating victims.

10. Explain and Define "Murder". State when culpable homicide is not a "Murder."

Definition of Murder (BNS):

Murder in India is defined under Section 101 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which aligns closely with Section 300 of the old Indian Penal Code. According to BNS:

"Culpable homicide is murder, except in the cases hereinafter excepted:

• If the act by which death is caused is done with the intention of causing death,
• If the act is done with the intention of causing such bodily injury as the offender knows is likely to cause the death of the person harmed,
• If the act is done with the intention of causing bodily injury, and the injury intended to be inflicted is sufficient in the ordinary course of nature to cause death,
• If the person committing the act knows 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 an act without any excuse for incurring the risk of causing death or such injury."

Culpable Homicide vs. Murder

• Culpable homicide is a broader term under Section 100 BNS, defined as causing death by doing an act with intent or knowledge that death may result, but without necessarily the degree of intention or certainty required for murder.
• Every murder is a culpable homicide, but not every culpable homicide is murder; the distinction relies on the intention, knowledge, and severity of the act.

When Culpable Homicide is NOT Murder (Exceptions under BNS)

Culpable homicide does not amount to murder if it falls within any of the five exceptions listed under Section 101 of the BNS (similar to IPC Section 300 exceptions):

The five main exceptions are:

1. Grave and Sudden Provocation:

If the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation.

(There are qualifications listed, e.g., the provocation must not be sought or voluntarily provoked.)

2. Private Defence:

If the offender, acting in the exercise of the right of private defence, exceeds the power given by law and causes death.

3. Act of Public Servant in Good Faith:

If the death is caused by a public servant (or aiding public servant) acting in good faith or exceeding powers for the advancement of public justice.

4. Sudden Fight, No Premeditation:

If death is caused in a sudden fight, in the heat of passion upon a sudden quarrel, and without premeditation.

5. Consent:

If the person killed is above 18, consents to the risk, and the act is not done by intentionally causing death.

When a culpable homicide falls under any of these exceptions, it is not treated as murder but as culpable homicide not amounting to murder—punishable under Section 105 of BNS with lesser penalties.

Summary Table: Distinction under BNS

Case Example: Culpable Homicide Amounting to Murder

Case: Virsa Singh vs. State of Punjab (1958)

• Facts: Accused thrust a spear into the victim's abdomen; the injury was sufficient to cause death in the ordinary course of nature.
• Held: The act fit the criteria for murder because the bodily injury was intentionally inflicted and sufficient to cause death.

Case Example: Culpable Homicide NOT Amounting to Murder

Case: Reg vs. Govinda (1876)

• Facts: Husband knocked down his wife and gave her violent blows, not on vital parts. The wife died from internal bleeding.
• Held: Not murder because the injury was not sufficient in the ordinary course of nature to cause death and there was no intention to cause death. The court convicted for culpable homicide not amounting to murder.

In conclusion:

• An act is treated as murder when it meets the stringent intention and knowledge thresholds of Section 101 BNS and does not fall under its recognized exceptions.
• If it does fall under any exception, it becomes culpable homicide not amounting to murder, with lesser punishment.