What Is BNS Section 100?

Bharatiya Nyaya Sanhita, 2023 - Section100: Culpable homicide.

Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.

Illustrations:

• (a) Alays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.
• (b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.
• (c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death.

Explanation 1:

A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.

Explanation 2:

Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented.

Explanation 3:

The causing of the death of a child in the mother’s womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.

Brief Detail

BNS Section 100: Culpable Homicide defines culpable homicide as causing death with intent, or knowledge that such an act is likely to cause death. It includes:

• Illustrations:
  • (a) A causes death by making a dangerous pit.
  • (b) A induces B to shoot someone A intends to kill.
  • (c) A accidentally kills B while aiming at a fowl.
• Explanations:
  • (1) Accelerating death due to a pre-existing condition is considered culpable homicide.
  • (2) Causing death through bodily injury, even if preventable by treatment, is culpable homicide.
  • (3) Causing death of a partially born child can be considered culpable homicide.

Question & Answers

• Q: What is the definition of culpable homicide under BNS Section 100?
• A: Culpable homicide is causing death with the intention of causing death, or with the intention of causing bodily injury likely to cause death, or with knowledge that the act is likely to cause death.
• Q: What is an example of culpable homicide according to the illustrations?
• A: Example (a): Alays causes death by creating a dangerous pit intending to cause death or knowing death is likely.
• Q: Does causing death by shooting at an intended target but accidentally hitting someone else constitute culpable homicide?
• A: Not necessarily. In example (c), shooting at a fowl and accidentally killing someone else is not culpable homicide if there was no intent or knowledge of the likelihood of causing death to that person.
• Q: What does Explanation 1 clarify about bodily injury and death?
• A: It clarifies that if a person causes injury that accelerates death in someone with a pre-existing condition, they are deemed to have caused the death.
• Q: Is causing the death of a fetus considered culpable homicide?
• A: No, causing the death of a fetus is not considered homicide, but causing the death of a partially born child may be.

Example

• Example 1: If Alays creates a dangerous pit intentionally to cause death and Z falls in and dies, Alays is guilty of culpable homicide.
• Example 2: If A induces B to shoot at a bush, knowing someone is behind it, and B kills that person, A is guilty of culpable homicide.
• Example 3: If A aims at a fowl and accidentally kills B who is hidden behind the bush, A is not guilty of culpable homicide.