Introduction of Section BNS 102
BNS 102 is a powerful safeguard in criminal law that ensures justice even when an unintended victim loses their life. It focuses on the intention and knowledge of the offender rather than the identity of the person who dies. This principle, earlier found in IPC Section 301, is now written in simpler and clearer words under the Bharatiya Nyaya Sanhita (BNS). By applying the Doctrine of Transferred Malice, Section 102 prevents criminals from escaping punishment just because the “wrong person” was killed.
The Bharatiya Nyaya Sanhita (BNS) Section 102 replaces the old Indian Penal Code (IPC) Section 301.
What is BNS Section 102 ?
BNS Section 102 defines culpable homicide as causing the death of someone other than the person whose death was intended or likely foreseen by the offender. If someone acts with the intent to kill or harm a particular person but ends up killing another, the law treats the offense as culpable homicide, and the punishment is based on the original intent.
BNS 102 Act
“If a person, with the intention of causing death, or with the knowledge that his act is likely to cause death, directs such act towards one person, but by that act another person is killed, the offender shall be liable as if he had caused the death of the person against whom the act was intended.”
What it means:
This section deals with culpable homicide when the person who dies is not the person the offender intended to kill.
In simple words:
- If someone wants to kill “A” but accidentally kills “B” instead, the law treats it as though “A” was killed.
- The accused cannot escape liability by saying, “I didn’t mean to kill B.”
This is based on the Doctrine of Transferred Malice, which means the intention to kill transfers from the intended victim to the actual victim.
Key Elements of the BNS Act
- Intention or Knowledge
- The offender must either:
- Intend to cause death, or
- Know that the act is likely to cause death.
- The offender must either:
- Act Directed at One Person
- The act must be aimed at a particular person (the intended victim).
- Death of Another Person
- Instead of the intended victim, someone else dies.
- Transferred Liability
- The offender is punished as if the intended victim had died.
- No Defense of Mistaken Victim
- It is not a valid excuse to say that the “wrong person” was killed.
Examples to Understand BNS Act
Example 1 (Transferred Malice – Gunshot)
Ravi shoots at Amit intending to kill him. The bullet misses Amit but strikes Suresh, who dies.
Ravi is guilty of culpable homicide under Section 102, as if Amit had been killed.
Example 2 (Bomb Attack)
Imran throws a bomb at Rahul during a dispute, intending to kill him. Instead, Vikram, who was standing nearby, dies.
Imran is liable under Section 102 for Vikram’s death.
Example 3 (Stone Throwing)
Sunil hurls a heavy stone at Deepak with the intent to kill. The stone misses and fatally hits Manoj.
Sunil is guilty of Manoj’s death under Section 102.
Example 4 (Not Applicable – Accident)
Prakash accidentally drops a brick from a rooftop while repairing the house. It falls on Anil, who dies.
This does not fall under Section 102, because Prakash had neither intention nor
Why this BNS Act is Important
- Protects human life: The law ensures no offender escapes punishment just because the “wrong person” was killed.
- Focuses on intent and knowledge: The law values the mental state of the offender, not just the outcome.
- Introduces Doctrine of Transferred Malice: This legal principle ensures accountability even when the unintended person dies.
- Maintains justice: Prevents loopholes that could otherwise allow criminals to avoid liability.
Section 102 BNS Overview
Definition of BNS Section 102: BNS Section 102 deals with situations where someone commits culpable homicide by causing the death of a person other than the one they intended or expected to kill. This means that the person who died was not the intended target, but the offender is still responsible for the death under the law. The legal consequences are based on the same intent or knowledge of likely death as if the original target had been the one killed.
BNS Section 102 in Simple Terms: 10 Key Points
1. Culpable Homicide Defined
Section 102 of the Bharatiya Nyaya Sanhita explains a unique form of culpable homicide where the person who dies is not the one whom the offender intended to kill or harm. The act is aimed at one individual, but another person loses their life as a result of the action. The law treats this situation as culpable homicide and does not allow the offender to escape punishment just because the victim was not the intended target.
2. Intention to Kill
The foundation of this section is intention. If a person had a clear intention to kill or cause grievous harm to someone, but another person dies instead, the accused will still be held responsible. The law focuses on what was intended, not who ultimately died. For instance, if Ramesh fires a gun at Suresh intending to kill him but the bullet hits and kills Anil, Ramesh will still be guilty under Section 102.
3. Knowledge of Consequences
Even when there is no direct intention to kill, the law looks at whether the person had knowledge that their actions were likely to cause death. If such knowledge existed, the offender is still guilty under this section. For example, if Rajesh sets fire to a hut knowing people are inside, and someone other than the intended victim dies, Section 102 applies. Thus, knowledge of possible consequences is enough for liability.
4. Unintended Victim
This section specifically applies to cases where an unintended person becomes the victim. The victim’s identity does not reduce the seriousness of the crime. Whether the intended person lives or escapes unharmed, the offender is treated as though their intended target had died. For instance, if Sunil throws acid at Ankit but it accidentally burns Seema who later dies, Sunil is guilty under Section 102 for Seema’s death.
5. Equal Responsibility
The offender is held equally responsible for the death of the unintended victim as though it were the intended victim. This principle ensures that offenders cannot argue for lesser punishment just because the “wrong” person died. The law equates the liability, and punishment is given as if the intended target had lost their life. This creates fairness and prevents loopholes in criminal liability.
6. No Excuse of Mistaken Identity
One of the most important parts of this section is that the offender cannot take the defense that they killed the “wrong” person. The law does not recognize mistaken identity as an excuse in such cases. What matters is that the accused acted with a guilty mind and committed a dangerous act. For example, if someone aims to shoot Amar in the dark but accidentally shoots Vijay, they cannot escape liability by saying Vijay was not the target.
7. Serious Consequences
Section 102 treats this kind of culpable homicide with the same seriousness as if the intended victim had died. The punishments are severe and may include life imprisonment or imprisonment between five to ten years, along with a fine. This reflects how the law values human life and ensures that offenders cannot reduce their liability due to unintended outcomes.
8. Focus on Action, Not Victim
The law under Section 102 places emphasis on the act and intention of the accused rather than on the identity of the victim. What matters is that the act was inherently dangerous and carried the knowledge or intention of causing death. Whether the person who died was the intended victim or another individual, the criminal liability remains the same. This ensures that justice is served in all situations where human life is lost due to wrongful acts.
9. Non-Compoundable Offense
Section 102 is classified as a non-compoundable offense, which means it cannot be privately settled or withdrawn by the parties involved. Since the crime involves loss of life, the State prosecutes the offender, and no compromise between the parties can undo the legal consequences. This reflects the seriousness of the offense and protects the sanctity of justice.
10. Tried by Sessions Court
Given its gravity, cases under Section 102 are heard in the Court of Sessions, which is a higher court authorized to handle serious crimes like culpable homicide and murder. This ensures that trials are conducted with greater judicial scrutiny and seriousness, and that punishments are decided after thorough examination of evidence and legal arguments.
BNS 102 Punishment
Imprisonment: If found guilty under BNS Section 102, the offender can face imprisonment for a term that could extend up to life, depending on the severity of the intent and the resulting death.
Fine: In addition to imprisonment, the offender may also be liable to pay a fine as part of the punishment. The amount is determined based on the case’s specifics.
BNS 102 bailable or not ?
Non-Bailable: BNS Section 102 is non-bailable, meaning the accused must seek bail through the court and cannot be automatically granted bail by law enforcement.
Comparison: BNS Section 102 vs IPC Section 301
| Section | Offense | Punishment | Cognizable? | Bailable? | By What Court Triable | Key Principle |
|---|---|---|---|---|---|---|
| BNS Section 102 | Culpable homicide when an act intended to kill one person accidentally causes the death of another. Explicitly applies the Doctrine of Transferred Malice. | Life imprisonment OR 5–10 years imprisonment + fine. | Cognizable | Non-bailable | Sessions Court | Intention or knowledge transfers to the actual victim – no excuse of mistaken identity. |
| IPC Section 301 (Old) | Culpable homicide where a person causes the death of someone other than the one intended. Recognized Transferred Malice, but in older, complex language. | Life imprisonment OR imprisonment up to 10 years + fine. | Cognizable | Non-bailable | Sessions Court | Applied the principle indirectly, harder for common people to interpret. |
BNS Section 102 FAQs
What is BNS Section 102?
BNS Section 102 addresses culpable homicide when a person causes the death of someone other than the person they intended to kill.
Is BNS 102 a serious crime?
Yes, it is treated as a serious offense with severe punishments, including life imprisonment and a fine.
Can the offender get bail in BNS 102 cases?
No, the offense is non-bailable, meaning bail must be sought through the court.
What is the difference between culpable homicide and murder in BNS 102?
The main difference lies in the intent. While murder usually involves direct intent to kill, BNS 102 covers cases where death results unintentionally, but from an act that was likely to cause death.
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Conclusion
BNS Section 102 ensures that justice is not defeated by technicalities. It punishes offenders based on their intention and knowledge, even if the victim is not the intended target. By carrying forward the principle of IPC 301 in modern language, Section 102 closes loopholes and strengthens accountability BNS Section 102 strengthens criminal law by ensuring that offenders cannot escape liability when an unintended victim dies. By codifying the Doctrine of Transferred Malice, it clarifies that criminal responsibility is based on the intention or knowledge of the offender, not the identity of the victim. This provision modernizes IPC Section 301 with simpler language and a stronger focus on justice. It ensures that every human life is equally protected under the law and that offenders are punished with life imprisonment or long-term imprisonment plus fines. Thus, Section 102 plays a crucial role in preventing loopholes and upholding fairness in India’s criminal justice system.Indian criminal law.
Finished with BNS 102 ? 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 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/
- BNS 106 : Causing death by negligence .
- https://marriagesolution.in/bns_section/bns-106/
- Section 107 BNS : Abetment of suicide of child or person with mental illness .
- https://marriagesolution.in/bns_section/section-107-bns/
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list