BNS Section 100 – Culpable homicide

Amit Kapoor06 mins

IPC Section – 299

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.

Example:
Vijay, with the knowledge that it is likely to cause death, disabled the brakes of Rakesh’s car. While driving, Rakesh met with an accident as a result of this and died. Vijay has committed the offence of culpable homicide.

Key Points in BNS-100

Definition of Culpable Homicide:

  1. Intentional Killing: Culpable homicide refers to causing death through an act done with the intention of causing death.
  2. Intention to Cause Bodily Injury Likely to Cause Death: It also includes cases where death results from an act intended to cause bodily injury that is likely to result in death.
  3. Knowledge of Likely Death: The law applies when a person performs an act knowing that it is likely to cause death.

Elements of the Offense:

  1. Intention: The act is performed with the deliberate intention to cause death.
  2. Bodily Injury: The act is meant to inflict bodily injury that is likely to result in death.
  3. Knowledge: The perpetrator knows that the act is likely to cause death.

Implications:

  1. Culpability: “Culpable” signifies a level of moral blameworthiness. The offense includes different levels of intent and knowledge, covering a broad spectrum of unlawful killing.
  2. Scope: Culpable homicide includes both cases of deliberate intent to kill and those where death results from serious bodily harm or actions that are known to be fatal.

Summary:
BNS-100 defines “culpable homicide” as causing death either through intentional killing, by inflicting bodily injury likely to cause death, or by performing an act with the knowledge that it is likely to result in death. This definition encompasses various scenarios where the act leading to death is done with specific intent or awareness of its likely consequences.

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