CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY · Of offences affecting life

Section 100: Culpable homicide

The Bharatiya Nyaya Sanhita, 2023

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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

100	299. Culpable homicide

Leading cases

State of Andhra Pradesh v. Rayavarapu Punnayya (1976)Decided on IPC section 299Explaining the distinction between culpable homicide under Section 299 and murder under Section 300 IPC, the Court restored the murder conviction of an accused who, with another, beat the victim's arms and legs with heavy sticks, causing death.

Questions on this section

5 questions in 27 of our papers cite Section 100. Try these from the free papers:

1. Consider the following statements with reference to Section 100 BNS: 1. A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush, A not knowing that B was there. A has committed culpable homicide because he was doing an unlawful act. 2. The causing of the death of a child in the mother's womb is not homicide. 3. A, knowing Z to be behind a bush, induces B, who does not know it, to fire at the bush, intending to cause Z's death. B fires and kills Z. A has committed culpable homicide. Which of the statements given above is/are correct?
2. Z is suffering from a serious heart disease. A causes bodily injury to Z, and the injury accelerates Z's death. Under Explanation 1 to Section 100 of the Bharatiya Nyaya Sanhita, 2023, which of the following is correct?
3. A strikes Z on the head with a heavy iron rod, intending to cause such bodily injury as is likely to cause death. Z is not taken to a hospital and dies of the injury two days later. Medical evidence shows that Z's death might have been prevented by resorting to proper remedies and skilful treatment. Which of the following is correct under the BNS?

Practise questions on Bharatiya Nyaya Sanhita