Section 100 BNS

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.

Illustrations.

(a) A lays 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.

Final Thoughts

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Introduction

Section 100 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the offence of culpable homicide. This section defines when a person can be held responsible for causing the death of another person. It includes situations where the death is caused intentionally or knowingly, even if the actual result (death) was not directly aimed at. It helps differentiate culpable homicide from accidents or other forms of killing like murder.

Meaning of Culpable Homicide

The word “culpable” means blameworthy, and “homicide” means the killing of a human being. So, culpable homicide means the killing of a person where someone can be held legally responsible for that death.

As per Section 100 BNS:

Whoever causes death by doing an act—

(1) with the intention of causing death,
(2) or with the intention of causing such bodily injury as is likely to cause death,
(3) or with the knowledge that his act is likely to cause death,
commits the offence of culpable homicide.

This means that if a person:

• Wants someone to die, and does something to cause that death, OR
• Intends to hurt someone badly, and that injury is likely to cause death, OR
• Knows that his action might cause someone’s death,

Then he is guilty of culpable homicide.

Illustrations

(a) A lays sticks and turf over a pit, intending that someone may fall and die. Z walks over it and dies. A is guilty of culpable homicide, because he had the intention or knowledge that his act could cause death.

(b) A knows that Z is hiding behind a bush. B does not know that. A tells B to shoot at the bush. B shoots and Z dies. A is guilty, as he had the knowledge and intention. B may not be guilty, because he didn’t know someone was behind the bush.

(c) A shoots at a bird to steal it, but the bullet hits B who was hidden behind the bush. A did not know B was there. Here, A is not guilty of culpable homicide, because he had no intention or knowledge of causing death. However, he may still be guilty of another offence (like illegal hunting or negligence).

Explanations under Section 100 BNS

Explanation 1: If a person injures someone who is already sick or weak, and because of that injury the person dies sooner, then it is considered as causing death. Example: Hitting an old man with a stick and he dies due to that injury, even if he was already weak — it is culpable homicide.

Explanation 2: Even if proper medical treatment could have saved the person, the person who caused the injury is still responsible. The important point is the act caused the injury that led to death, whether or not death could have been avoided.

Explanation 3: Killing a child still inside the mother’s womb is not homicide. But if any part of the child has come out of the mother’s body, even if the child has not breathed yet, then causing death can amount to culpable homicide. Example: If someone harms a woman in labour and the baby partly comes out and then dies due to that act, it may be culpable homicide.

Conclusion

Section 100 of the BNS lays down a clear and structured definition of culpable homicide, with the intention to differentiate it from accidents and other types of killing. It focuses on the intent and knowledge behind the act. This section plays a very important role in criminal law to decide whether a killing is punishable, and under what category it falls.