Virsa Singh v. State of Punjab

Case Title: Virsa Singh v. State of Punjab (AIR 1958 SC 465)

The Supreme Court laid down a clear test for Section 300 “Thirdly” (murder). The prosecution must prove: (1) a bodily injury is present; (2) the nature of that injury; (3) the accused intended to inflict that very injury; and (4) the injury was sufficient in the ordinary course of nature to cause death. If these are shown, murder under Section 302 IPC is made out.

• What offence did the accused commit on the proved facts?
• Does “Thirdly” of Section 300 require proof that the accused foresaw death, or only that he intended the injury actually found?

Section 300 “Thirdly” Test (Virsa Singh):

1. Bodily injury present on the victim.
2. Nature of injury is proved by evidence.
3. Intention to inflict the injury found (not intention to cause death, but to cause that injury).
4. Sufficient in ordinary course — the injury is sufficient in the ordinary course of nature to cause death (objective inference).

Objective sufficiency: The link between injury and death is judged by a reasonable and medical standard, not by what the accused actually foresaw.

The Supreme Court dismissed the appeal and confirmed conviction under Section 302 IPC. Once it is proved that the accused intended to cause the very injury found, and that injury is objectively sufficient to cause death in the ordinary course of nature, Section 300 “Thirdly” is attracted. The law does not require proof that the accused actually foresaw death.

Intend the injury found; assess sufficiency objectively. The focus is on intending the bodily injury actually caused, and whether that injury, by its nature, is sufficient in the ordinary course of nature to cause death.

• Exam anchor: The four-part “Thirdly” test is the standard for murder analysis.
• Clarity on intention: Not foresight of death, but intent to cause the exact injury found.
• Objective yardstick: Medical and factual proof decide sufficiency to cause death.

1. Prove injury present and its nature.
2. Show intention to inflict that injury.
3. Prove injury is sufficient in the ordinary course of nature to cause death.
4. No need to prove the accused foresaw death.

Mnemonic: IBIS-OD — Injury present, Body injury’s nature, Intent for that injury, Sufficient – Ordinary course of nature to cause Death.

• Step 1: Prove the injury and its nature.
• Step 2: Prove intent to cause that very injury.
• Step 3: Prove objective sufficiency to cause death.

Section 300 “Thirdly”

Murder where the intended bodily injury is sufficient in the ordinary course of nature to cause death.

Ordinary course of nature

An objective medical/legal standard: whether such an injury typically leads to death.

Intention to inflict injury

The aim to cause the specific bodily harm actually found on the victim.