BNS Section 100 : Culpable Homicide
Section 100 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It deals with Culpable Homicide, specifying the circumstances under which an individual can be charged with culpable homicide, a key offense related to unlawful killings.
Definition of BNS Section 100
Section 100 of the BNS 2023 States:
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.
Explanation and Illustration of Section 100 (Bharatiya Nyaya Sanhita, 2023)
This provision aims to clarify the legal boundaries surrounding actions that result in death and whether they should be classified as culpable homicide or not. By establishing the criteria for culpability, it seeks to ensure that individuals are held accountable for unlawful killings while also providing clarity on the distinctions between intentional and accidental deaths, helping to uphold justice in such sensitive matters. Explanations are as follows:
- If a person inflicts bodily injury on someone with a pre-existing disorder, disease, or infirmity, and the injury accelerates their death, the person causing the injury is deemed to have caused the death
- When death results from bodily injury, the person causing the injury is deemed responsible for the death, even if proper medical treatment could have prevented it
- Causing the death of an unborn child in the womb is not considered homicide. However, it may amount to culpable homicide if the death is of a living child, even if the child has not yet fully breathed or been completely born, as long as any part of the child has been delivered.
Illustrations:
(a) A places sticks and turf over a pit intending to cause death or knowing it is likely to cause death. Z, believing the ground to be solid, steps on it, falls in, and dies. A is guilty of culpable homicide.
(b) A knows Z is hiding behind a bush, but B does not. A, with the intention or knowledge of causing Z's death, persuades B to shoot at the bush. B fires and kills Z. In this scenario, B may not have committed any offense, but A is guilty of culpable homicide.
(c) A shoots at a bird intending to kill and steal it but accidentally kills B, who is behind a bush and unknown to A. While A was engaged in an unlawful act, they are not guilty of culpable homicide since there was no intent to kill B or knowledge that the act could likely cause death.
Key Points in Section 100
Definition of Culpable Homicide
Key Elements
Implications
Differences Between Section 100 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 100 and its equivalent Indian penal code IPC section 299 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 100 | Culpable homicide. | 299 | No change. |
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FAQs about Section 100 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 100 of BNS?
Section 100 of the Bharatiya Nyaya Sanhita (BNS) 2023 Act is part of Chapter 6 and deals with culpable homicide, specifying when a person can be charged with unlawful killing based on intent or knowledge of likely death.
What is the purpose of Section 100 BNS?
The purpose of Section 100 of the BNS is to specify the intention under which causing death may be justified in self-defense.
What is culpable homicide under Section 100 of BNS?
Culpable homicide refers to causing the death of a person through an act committed with the intention of causing death.
What are some examples of culpable homicide under Section 100 of BNS?
Examples include intentionally causing death by setting up a trap (e.g., putting sticks over a pit), or inducing someone to commit an act (such as firing at a bush) knowing it will likely cause death, even if the shooter did not intend it.
Can someone be guilty under Section 100 of BNS of culpable homicide if they did not intend to kill the person?
Yes, if an act is done with the knowledge that it is likely to cause death, even without the intent to kill, it may still be considered culpable homicide.
