Section 100 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 100 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the offense of culpable homicide, establishing the legal criteria for acts that result in death and distinguishing them from other forms of unlawful killing.(
๐ Text of Section 100
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."
โ๏ธ Legal Context and Explanation
Section 100 outlines three distinct mental states under which an individual may be held liable for culpable homicide:
Intention to Cause Death: The person acts with the explicit purpose of causing death.
Intention to Cause Bodily Injury Likely to Cause Death: The person intends to cause bodily harm that they know is likely to result in death.
Knowledge That the Act Is Likely to Cause Death: The person is aware that their actions are likely to cause death, even if that was not their primary intention.(
These provisions ensure that individuals are held accountable for deaths resulting from their actions, whether those actions were intentional or reckless.
๐งพ Illustrations
The BNS provides examples to clarify the application of this section:
Example (a): A lays sticks and turf over a pit, intending to cause death or knowing that death is likely to result. Z steps onto it, falls in, and dies. A has committed culpable homicide.
Example (b): A knows Z is behind a bush, but B does not. A induces B to fire at the bush, intending or knowing it is likely to cause Z's death. B fires and kills Z. A is guilty of culpable homicide; B may not be.
Example (c): A shoots at a bird intending to kill and steal it but accidentally kills B, who was behind a bush. A did not intend to kill B and was unaware of B's presence, so A is not guilty of culpable homicide.(
๐ Equivalent Provision in the Indian Penal Code (IPC)
Section 100 of the BNS is analogous to Section 299 of the Indian Penal Code (IPC), 1860, which also defines culpable homicide. Both sections outline similar criteria for determining culpability in cases of death resulting from an individual's actions.
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