BNS Section 102 – Culpable homicide by causing death of person other than person whose death was intended

Amit Kapoor04 mins

IPC Section – 301

Culpable homicide by causing death of person other than person whose death was intended

If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.

Example:
Vijay, with the knowledge that it is likely to cause death, disabled the brakes of Rakesh’s car. While driving, Rakesh’s wife met with an accident as a result of this and died. Vijay has committed the offence of culpable homicide under Section 102 BNS.

Key Points in BNS-102

Transferred Malice Concept:

  1. Intention or Knowledge: If a person commits an act with the intention to cause death or knowing that the act is likely to cause death, they are held responsible for the outcome, even if the person who dies is not the one they intended to harm.
  2. Transferred Malice: This principle, known as transferred malice, means that the intention to harm one person is applied to the unintended victim.

Culpable Homicide by Unexpected Victim:

  1. Unintended Victim’s Death: Even if the person who dies was not the intended target, the offender is still liable for culpable homicide as though the victim were the person they intended to harm or knew would likely be harmed.
  2. Same Liability: The offender is punished as if the death of the unintended victim was the intended result. The nature of the crime (culpable homicide) remains unchanged, and the intent or knowledge is transferred to the actual victim.

Examples:

  • If a person aims to harm or kill someone but accidentally kills another person, the act is treated as though the offender caused the death of the intended target.

Summary:
BNS-102 outlines the principle of transferred malice in cases of culpable homicide. If a person causes the death of someone other than their intended victim, they are held responsible for the death in the same way as if the intended person had died. The liability for culpable homicide remains unchanged, even if the actual victim was not the intended target.

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