CHAPTER 6 OF OFFENCES AFFECTING THE HUMAN BODY
Section 100 Culpable homicide – Bharatiya Nyaya Sanhita (New Law Replacing IPC)
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.
New law replacing IPC section on Culpable Homicide is defined by Section 100 of Bharatiya Nyaya Sanhita (BNS PDF Download):
Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), Bharatiya Sakshya Adhiniyam (BSA) applicaple on cases on or after 1st July 2024, while the cases registered before 1st July 2024 will be decided and judged on the basis of Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and Indian Evidence Act (IEA). Bharatiya Nyaya Sanhita an Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto, Full Bharatiya Nyaya Sanhita (New Law Replacing IPC) PDF Download.
Illustrations:
(a) Alays 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.
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