Introduction of BNS 100
Culpable homicide is one of the most important concepts in criminal law because it lies midway between murder and accidental death. Section 100 of the Bharatiya Nyaya Sanhita (BNS), 2023, defines culpable homicide as causing the death of a person either with the intention to cause death, or with the knowledge that such actions are likely to result in death.
This section deals with cases where a person’s actions lead to death, even if the act was not a pre-planned murder. By replacing IPC Section 299, the BNS modernizes this law while keeping its core idea intact: holding people accountable when their actions cause death.
The Bharatiya Nyaya Sanhita (BNS) Section 100 replaces the old Indian Penal Code (IPC) Section 299.
What is BNS Section 100 ?
BNS Section 100 defines culpable homicide as the act of causing someone’s death, either with the intent to cause death or with knowledge that the action could likely cause death. This section deals with the concept of causing death through intentional actions, even if they are not planned killings like murder.
BNS Act 100
“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: The death of an unborn child is not homicide. However, if a child is born alive and later dies due to injuries caused before or during birth, it may amount to culpable homicide.”
- What it means:
This law says that a person is guilty of culpable homicide if they cause someone’s death by doing an act in three situations:- With the intention to kill → e.g., stabbing someone in the chest.
- With the intention to cause serious injury likely to cause death → e.g., hitting someone’s head with an iron rod.
- With the knowledge that death could result → e.g., firing a gun in a crowded place, even without aiming at anyone.
- Who can be punished?
Anyone—friend, stranger, family member, or even a professional—who does an act that falls in the above categories. Motive is not as important as intention or knowledge.
Key Elements of the BNS Act
- Act leading to death: There must be some act by the accused (hitting, shooting, reckless driving, etc.).
- Intention or Knowledge: Either the person wanted to cause death, wanted to cause such injury that would likely lead to death, or at least knew the act could cause death.
- Direct or Indirect Acts: It can be a direct attack (stabbing) or indirect action (setting a trap, mixing poison in food).
- Not Every Death = Culpable Homicide: If there was no intention or knowledge of death, it may not fall under this section (e.g., genuine accidents).
- Special Note on Unborn Child: Causing death to a fetus still in the womb is not culpable homicide. But if a child is born alive and then dies due to injuries, it can be treated as culpable homicide.
Examples to Understand BNS Act
- Example 1 (Offense – Intention to Kill):
A deliberately shoots B in the chest. B dies. → A is guilty of culpable homicide. - Example 2 (Offense – Intention to Injure):
A hits B with a heavy stick, intending to injure but not kill. The blow causes severe internal damage, and B dies. → A is guilty of culpable homicide. - Example 3 (Offense – Knowledge of Death):
A sets fire to a house knowing people are inside. Even if A says he did not “intend” to kill, he knew death was likely. → A is guilty. - Example 4 (Not Culpable Homicide):
A drives normally but a sudden landslide pushes his car into pedestrians, killing them. A had neither intent nor knowledge. → Not culpable homicide (may be accident). - Example 5 (Special Case – Unborn Child):
A assaults a pregnant woman, and the fetus dies before birth. This is not culpable homicide. But if the child is born alive and later dies from the injuries, A is guilty of culpable homicide.
Why this BNS Act is Important
It provides the legal base for punishing reckless or violent acts that lead to death.
It clearly defines culpable homicide and separates it from murder (which needs stronger intent).
It ensures responsibility even when a person says “I didn’t mean to kill” but knew their actions were dangerous.
It gives protection to newborn children, even if harm was caused before birth.
Section 100 BNS Overview
BNS Section 100 defines culpable homicide as an act that causes death either intentionally or when the person knows their actions are likely to result in death. Even if the death wasn’t the primary goal, causing harm with the understanding that death could be a consequence is considered culpable homicide.
BNS Section 100 : 10 Key Points
1. Definition of Culpable Homicide
Culpable homicide means causing the death of a person either with intention (to kill or cause serious harm) or with knowledge that the act is dangerous and may cause death. The law does not only look at whether a person wanted to kill but also whether they knew their actions could result in death.
Example: If a person hits another person’s head with an iron rod, they may say “I didn’t want to kill,” but since they knew the blow could be fatal, it becomes culpable homicide.
2. Distinction from Murder
Murder and culpable homicide are close, but the difference is in the intention. Murder happens when there is a clear, planned desire to kill. Culpable homicide happens when a person causes death but without full murderous planning.
Example: If someone stabs another person to take revenge, it is murder. If someone punches another person in anger and the person dies, it is culpable homicide because the intent to kill was not direct, but death still happened.
3. Types of Intent Covered
The law recognizes different levels of mental state (mens rea):
- Direct intention to kill → like shooting someone in the chest.
- Intention to cause serious injury → like breaking someone’s ribs knowing it may cause death.
- Knowledge that death is likely → like driving at very high speed through a crowded street.
This wide coverage ensures that offenders cannot escape by saying “I didn’t mean to kill.”
4. Knowledge is Key
Even if there was no clear plan or wish to kill, if a person knew that their act was risky and could cause death, they are guilty.
Example: A builder uses very poor-quality materials in making a balcony, knowing it might collapse. If it falls and kills someone, he is guilty of culpable homicide, because he knew the risk.
5. Death from Injury
If a victim is already weak, sick, or injured, and someone’s actions make their condition worse and cause death, it is still culpable homicide.
Example: A person with heart disease is beaten badly. The beating speeds up death. Even though the victim was weak, the attacker is still guilty.
6. Death of Unborn Child Not Homicide
Killing a baby still inside the womb is not considered culpable homicide under this section. However, if the child is born alive, even for a few minutes, and dies due to injuries caused before or during birth, then it becomes culpable homicide.
Example: If someone hits a pregnant woman and the baby is born alive but dies from the injury, the accused is guilty of culpable homicide.
7. Indirect Culpable Homicide
The law also covers deaths caused indirectly, where the accused does not kill with his own hands but creates conditions leading to death.
Examples:
- Mixing poison in someone’s food.
- Setting an electric trap.
- Persuading someone to unknowingly perform a dangerous act.
Even if the accused did not “pull the trigger,” they are guilty because they caused the chain of events.
8. Role of Illustrations
The law book (Bare Act) gives simple real-life examples to help people understand. For example, pushing someone in anger from a height or firing in a crowd. These illustrations guide judges in applying the law and make it easier for common people to know what is punishable.
9. Legal Exemptions
Not every death is culpable homicide. If a person truly had no intention or knowledge that death could happen, they are not guilty.
Example: A person is driving carefully and an earthquake suddenly causes an accident leading to death. This is not culpable homicide because there was no fault, knowledge, or intention.
10. Punishment for Culpable Homicide
Punishment depends on how serious the act was, what intention existed, and the circumstances. Usually, imprisonment is given, sometimes with a fine. The punishment is less than that of murder, but still serious because a human life has been lost.
BNS 100 Punishment
Imprisonment: The punishment under BNS Section 100 often involves imprisonment. The duration can vary based on the seriousness of the offense and the intent behind the actions.
Fine: Besides imprisonment, the convicted person may also face a financial penalty, depending on the case.
BNS 100 bailable or not ?
BNS Section 100 is a non-bailable offense, meaning the accused cannot automatically be released on bail without judicial scrutiny due to the seriousness of the crime.
Comparison Table – BNS Section 100 vs IPC Section 299
| Section | Offense | Punishment | Cognizable? | Bailable? | By What Court Triable |
|---|---|---|---|---|---|
| BNS Section 100 | Defines culpable homicide – causing death with intent to kill, intent to cause serious injury, or knowledge that the act is likely to cause death. | Imprisonment (term varies with intent/knowledge) + fine. | Cognizable | Non-bailable | Court of Session |
| IPC Section 299 (Old) | Defines culpable homicide under IPC 1860 – similar concept: causing death with intent or knowledge that death is likely. | Imprisonment (term varies with intent/knowledge) + fine. | Cognizable | Non-bailable | Court of Session |
BNS Section 100 FAQs
What does BNS Section 100 cover?
It deals with culpable homicide, which is causing death through intentional or likely actions that result in death.
Is the death of an unborn child considered culpable homicide?
No, the death of a child in the womb is not classified as culpable homicide under this section.
What if someone speeds up the death of a sick person?
If a person accelerates the death of someone who is already ill by injuring them, it is considered culpable homicide.
Does BNS Section 100 apply if the death was accidental?
If the death was accidental and the person had no intent or knowledge that the act could cause death, it may not be classified as culpable homicide.
What is the punishment under BNS Section 100?
The punishment includes imprisonment and possibly a fine, depending on the severity of the case.
Is Section 100 bailable?
No, it is a non-bailable offense.
Conclusion
Section 100 BNS makes it clear that anyone whose actions result in death—whether intended or not—can be held criminally responsible. By drawing a careful line between murder and culpable homicide, the law ensures fairness: punishing those who knew the risks of their actions, while treating premeditated killings more severely under “murder.”
This law is crucial in protecting society while ensuring justice, especially in cases where death is caused by reckless or violent acts without clear pre-planned intent.
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Finished with BNS 100 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 101: Murder .
- https://marriagesolution.in/bns_section/bns-101/
- BNS 102 : Culpable homicide by causing death of person other than person whose death was intended.
- https://marriagesolution.in/bns_section/bns-102/
- BNS 103 : Punishment for murder .
- https://marriagesolution.in/bns_section/bns-103/
- Section 104 BNS : Punishment for murder by life-convict .
- https://marriagesolution.in/bns_section/section-104-bns/
- 105 BNS : Punishment for culpable homicide not amounting to murder .
- https://marriagesolution.in/bns_section/105-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list