Amit, intending to cause the death of Vijay, attacks him with a knife. Vijay sustains severe injuries and dies on the spot. The investigation reveals that Amit acted with knowledge that his actions were likely to cause death. However, there is no evidence of premeditation or intent to murder Vijay. Which of the following offences has Amit committed?
Explanation & Strategy
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The critical distinction between murder (S.300/302) and culpable homicide not amounting to murder (S.299/304) lies in the degree of intention. Amit had knowledge that his knife attack could cause death, but the absence of premeditation or a specific intent to kill means the offence falls short of murder. This scenario fits Section 304 Part I (act done with intention of causing death but without the special mens rea required for murder) or Part II (knowledge that act is likely to cause death).
BNS S.105 corresponds to IPC S.304. The distinction between murder and culpable homicide not amounting to murder is preserved in the new code.
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