BNS 102

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Introduction of Section BNS 102

BNS 102 deals with culpable homicide where the death caused is not of the intended person. This section applies when someone, by performing an act they know or intend to cause death, accidentally causes the death of someone other than the intended victim. The law treats the offense as though the death caused was of the person intended.

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The Bharatiya Nyaya Sanhita (BNS) Section 102 replaces the old Indian Penal Code (IPC) Section 301.

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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.

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BNS Section 102 in Simple Points

1. Intent and Knowledge: If a person intends to kill or knows their action may cause death and ends up killing someone else unintentionally, it is still treated as culpable homicide.
2. Accidental Victim: The section applies when the person killed is not the intended target but dies as a result of the same act that was intended to kill someone else.
3. Legal Description: The law views the crime as if the offender had caused the death of the person they intended to kill or knew they might kill.
4. Focus on Act, Not the Victim: The focus is on the offender’s action and intent rather than on who the victim is. The crime is judged by the offender’s mindset when performing the act.
5. Punishment and Classification: The punishment for this type of culpable homicide depends on the nature of the intent, as though the intended person was the actual victim.

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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 Definition:
   This section focuses on a form of culpable homicide, which is an act that results in someone’s death, but the intent or action was meant for someone else.
2. Intention to Kill:
   If a person intends to cause death or serious harm to someone and accidentally kills another person, they are still held responsible for the death under this section.
3. Knowledge of Consequences:
   Even if the death was not intentional, if the person knew that their actions were likely to cause death, they can be charged under Section 102.
4. Accidental Death of an Unintended Victim:
   The section applies when a person is killed unintentionally as a result of an action meant for someone else.
5. Equal Responsibility:
   The offender is treated as though they had caused the death of the person they intended or knew they might kill, even if a different person died.
6. No Excuse for Mistake:
   The fact that the wrong person died does not reduce the severity of the crime. The law focuses on the intent and the dangerous nature of the act.
7. Serious Legal Consequences:
   The punishment for this type of homicide can be as severe as if the intended victim had died, including long-term imprisonment and fines.
8. Focus on Action, Not Outcome:
   The key element is the dangerous nature of the offender’s action, not the identity of the person who died. The law considers what the offender intended or knew could happen.
9. Non-Compoundable Offense:
   This crime is non-compoundable, meaning the parties involved cannot settle the matter privately or withdraw the charges. It is a serious legal offense.
10. Trial by Court of Session:
    Offenses under this section are heard in the Court of Session due to the gravity of the crime.

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Examples of BNS Section 102

Example 1:
A man, in a fit of rage, throws a large stone at his neighbor, intending to hurt him. However, the stone misses the intended person and accidentally hits a passerby, causing their death. The man is still responsible for the passerby’s death under Section 102, as he knew his actions were likely to cause serious harm.

Example 2:
A person fires a gun aiming at a specific individual, intending to cause death. However, the bullet misses the intended person and kills another individual standing nearby. Even though the person who died was not the target, the shooter is held responsible for the death under Section 102.

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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.

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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.

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Bharatiya Nyaya Sanhita Section 102

BNS Section	Description	Cognizable/Non-Cognizable	Bailable/Non-Bailable	Compoundable/Non-Compoundable	Punishment	Trial By
Section 102	Culpable homicide by causing the death of a person other than the intended target.	Cognizable	Non-Bailable	Non-Compoundable	Imprisonment (up to life) and Fine	Court of Session

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BNS Section 102 FAQs

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