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Authors

Mark McBride

Abstract

Section 300(c), the most frequently invoked murder limb of the Indian Penal Code, is also one of the most contested provisions under the Code. In order to provide a clear understanding of the section, the author undertakes an analysis of its bare text, and the various possibilities that are potentially covered under it. Such an analysis clearly shows that the leading authority on the section, Virsa Singh v. State of Punjab imposes the extra (and in the author 's opinion, mistaken) requirement of a nexus between the type of bodily injury intended and inflicted, thereby excluding cases where the bodily injury actually inflicted is not the bodily injury intended to be inflicted, which could still come under the purview of Section 300(c), read in its ordinary meaning. The author believes this to be a material discrepancy with the provision, and hence challenges our current understanding of Section 300(c) as it stands.

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