A murder charge is fought in stages, and each stage offers distinct remedies. This page describes the defence of such cases as a practice — the provision itself, its punishment and the trial framework are covered on the Section 302 / 103 BNS page.
Stages of the Defence
FIR and arrest
Defence work begins at arrest: attending remand hearings, opposing police custody where unjustified, ensuring the arrested person's rights — grounds of arrest, medical examination, access to counsel — are observed, and obtaining copies of the FIR and remand papers.
Investigation and bail
While investigation proceeds, the defence pursues bail before the Sessions Court and the High Court, tracks the collection of forensic and post-mortem evidence, and watches the statutory timeline that gives rise to default bail under Section 187 BNSS (earlier Section 167(2) CrPC) if the chargesheet is delayed.
Charge and trial
After committal to the Court of Session, the defence argues for discharge or for framing of a lesser charge, then tests the prosecution case through cross-examination — eyewitness credibility, medical and forensic consistency, recovery evidence and motive — before adducing defence evidence where required.
Appeal
A conviction is challenged before the High Court of Delhi, with suspension of sentence sought pending appeal, and thereafter before the Supreme Court of India where grounds exist.
Substantive Defences
- Alibi — evidence that the accused was elsewhere when the offence occurred;
- Private defence and the general exceptions — acts done in lawful self-defence or otherwise falling within the general exceptions of the penal code are not offences at all;
- Culpable homicide not amounting to murder — where the case falls within the recognised exceptions, such as grave and sudden provocation or a sudden fight, the offence reduces to Section 304 IPC, now Section 105 BNS, with materially lower punishment;
- Absence of intention or common intention — contesting the role attributed to the accused, particularly in multi-accused cases.
The Chamber's Approach
Advocate Manish Jha has defended serious offences before the Delhi District Courts, the High Court of Delhi and the Supreme Court of India for over 15 years. The chamber prepares murder defences from the record outward — post-mortem and forensic reports, site plans, call detail records and witness statements — and advances only those defences the record can sustain. Offences committed before 1 July 2024 continue under the IPC and CrPC; later cases proceed under the BNS and BNSS.
Frequently Asked Questions
What is the difference between murder and culpable homicide not amounting to murder?
Murder is culpable homicide of the most aggravated kind. Where a recognised exception applies — grave and sudden provocation, a sudden fight without premeditation, or an act in excess of private defence — the offence reduces to culpable homicide not amounting to murder under Section 304 IPC, now Section 105 BNS, which carries a materially lower sentence than death or life imprisonment.
When should a defence lawyer be engaged in a murder case?
Immediately upon arrest, or earlier if arrest is anticipated. The first days determine police custody, the recording of disclosure statements and recoveries, and the preservation of defence material such as CCTV footage and call records. Counsel attending remand hearings from the outset can oppose unjustified custody and lay the groundwork for bail and the eventual trial defence.
Can an accused claim self-defence in a murder trial?
Yes. The right of private defence is one of the general exceptions in the penal code, and an act done in lawful exercise of that right is not an offence. The defence must arise from the circumstances on record, and where force exceeds what the situation justified, the offence may still reduce from murder to culpable homicide not amounting to murder.
What happens if the chargesheet is not filed in time?
In a murder investigation the police ordinarily have ninety days to file the chargesheet. If they fail, the accused becomes entitled to default bail under Section 187 BNSS, earlier Section 167(2) CrPC, provided the application is made and bail furnished before the chargesheet is actually filed. This right does not depend on the merits of the accusation.