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.
Simplified Explanation
Section 102 of the Bharatiya Nyaya Sanhita (Indian Penal Code) deals with culpable homicide and addresses situations where a person causes the death of someone other than the person they initially intended to kill. This is a provision that aims to cover instances of misdirected intent in the commission of a homicide.
Here’s the section broken down in detail:
Text of Section 102
The section states:
“Whoever commits culpable homicide by causing the death of a person other than the person whose death was intended shall be punished with the punishment provided for culpable homicide.”
Explanation
- Culpable Homicide: This is a form of homicide (the act of killing someone) where the person has the intention of causing death or causing harm that could likely result in death. It is a less severe offense than murder, where the intention to kill is explicit.
- Death of a Person Other Than the Intended Target: This means that the accused intended to kill one person but, by mistake or due to some misdirection, ends up killing someone else.
Application of Section 102
This section applies when:
- A person has the intention to kill someone specific but due to some mistake or wrong targeting (for example, shooting at one person but hitting another), they accidentally kill another person.
- The person who is killed is not the intended victim, but the act still involves culpable homicide, which means the accused is still responsible for causing death, albeit unintentionally in terms of the victim.
Legal Outcome
- The law treats this situation seriously and assigns a punishment for culpable homicide. This means that although the intention to kill was misdirected, the person still faces the penalty for having caused death.
- The punishment under this section is typically the same as for the offense of culpable homicide, which can involve imprisonment, and in some cases, may be severe depending on circumstances (e.g., life imprisonment or a fixed term, depending on whether it amounts to murder).
Key Takeaways
- Mistaken identity or misdirection in intent does not absolve the person from liability. The accused is still held responsible for the death, even though it wasn’t the intended victim who died.
- The section helps in cases where an individual attempts to kill someone but accidentally kills someone else due to their actions. The law holds the accused accountable for the death that results from their culpable actions, even if not the intended victim.
Example
- A person intending to kill Person A shoots at them, but due to a misfire or incorrect aim, Person B is killed instead. In such a case, the accused could be charged under Section 102 for causing culpable homicide by the death of Person B, even though Person A was the original target.
In short, Section 102 ensures that a person is held accountable for causing death, even when the death of the wrong individual occurs due to their intent to kill someone else.
