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.
Simplified Explanation
Section 100 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the concept of culpable homicide. This section defines the offense and sets out the circumstances under which a person can be held guilty of causing another person’s death under culpable homicide.
What does Section 100 address?
Section 100 deals with culpable homicide, which refers to the act of intentionally causing the death of another person or committing an act with knowledge that it is likely to cause death. Culpable homicide is a serious crime that involves causing death either with the intent to kill or with the knowledge that the act is likely to result in death, but without the full intention to commit murder.
Key Elements of the Offense under Section 100:
- Intentional Killing:
- A person is guilty of culpable homicide if they intentionally cause the death of another person. This means that the person’s actions are deliberately directed at causing harm that results in the victim’s death.
- Knowledge of Likely Death:
- Even if the person did not have the specific intention to kill, if their actions are carried out with knowledge that death is likely to result, it can still be considered culpable homicide. This includes reckless acts where the person is aware that their behavior could result in the death of another but chooses to proceed anyway.
- Circumstances:
- Section 100 outlines specific circumstances under which an act is considered culpable homicide. These include actions done with a reckless disregard for human life, where the perpetrator may not intend death but knows that their actions create a significant risk of it.
- Difference from Murder:
- Culpable homicide is distinct from murder. While murder involves intentional killing with full knowledge and malice, culpable homicide might not involve the highest degree of malice or intent to kill. It generally refers to causing death through actions that are reckless or negligent, even if the primary intent was not to kill.
Punishment for the Offense:
- Imprisonment and/or fine: The punishment for culpable homicide varies depending on the degree of the offense. If the death is caused intentionally or recklessly, the offender may face imprisonment for life or a fixed term of up to 10 years, and/or a fine. The exact punishment is determined by the severity of the act and the circumstances surrounding the death.
- The section may also differentiate between culpable homicide not amounting to murder and murder. If the killing is deemed culpable homicide but not murder (for example, if there was provocation or other mitigating factors), the punishment could be less severe than that for murder.
Purpose and Protection:
The objectives of Section 100 are:
- Punishing unlawful killing: The law seeks to hold individuals accountable for causing the death of another, either intentionally or recklessly, through their actions.
- Dissuading reckless behavior: The section acts as a deterrent to people who engage in acts that might lead to the death of others, even without a direct intent to kill.
- Ensuring justice for victims: The section ensures that individuals who cause the death of others through culpable actions, whether intentional or reckless, are held responsible for their actions.
Example scenarios under Section 100:
- Scenario 1: A person knowingly strikes another with a weapon, causing fatal injuries. The person may not have specifically intended to kill, but they knew that striking the victim in such a way would likely cause death. This would be considered culpable homicide.
- Scenario 2: A driver speeds through a red light in a crowded area, knowing that they are putting pedestrians at risk. If the driver hits and kills someone, it could be considered culpable homicide because the driver acted with knowledge of the risk to life.
- Scenario 3: A person pushes another into a river, knowing that the other person cannot swim and is at risk of drowning. If the victim dies, the person who pushed them could be guilty of culpable homicide even if they did not intend to kill, because their actions created a significant risk of death.
In summary, Section 100 of the Bharatiya Nyaya Sanhita (BNS) addresses culpable homicide, which refers to causing the death of another person with intent or knowledge that the act is likely to result in death. The law seeks to hold individuals accountable for reckless or intentional actions that lead to the loss of life, while distinguishing between culpable homicide and murder. The penalties for culpable homicide can vary depending on the severity of the offense.
