Section 102 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 102 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the legal concept of culpable homicide that occurs when a person, intending or knowing that their actions are likely to cause death, inadvertently causes the death of someone other than the intended victim.(
📜 Section 102 — Culpable Homicide by Causing Death of Person Other Than Person Whose Death Was Intended
Text of Section 102:
If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.
This provision is a codification of the doctrine of transferred malice, which holds that the intent or knowledge directed at one person can be transferred to the actual victim if the act results in their death.(
⚖️ Legal Context and Comparison with IPC
Section 102 of the BNS, 2023, corresponds to Section 301 of the Indian Penal Code (IPC), 1860, which similarly addresses situations where a person causes the death of someone other than the intended victim. Both provisions ensure that the perpetrator is held accountable for the death caused, regardless of whether it was the intended target.
🧭 Illustrative Example
Scenario: A person intends to kill X by shooting at them. However, the bullet misses X and strikes Y, causing Y's death.
Application of Section 102:
The person's intent to kill X is transferred to Y, making the act one of culpable homicide.
The offender is liable for the death of Y as if they had intended to kill Y.(
Punishment:
The punishment would be determined based on the nature of the culpable homicide, which could range from imprisonment for life to a term not exceeding 10 years, depending on the circumstances.
Section 102 reinforces the principle that the law focuses on the act and its consequences, rather than the specific identity of the victim. It ensures that individuals who cause death through their intentional or reckless actions are held accountable, regardless of whether the actual victim was the intended target.
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