BNS Section 100 — Culpable homicide
CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY — Of offences affecting life
Criminal
Summary
A person commits the offence of culpable homicide when they cause someone's death by doing an act with the intention of causing death, or with the intention of causing such bodily injury that is likely to cause death, or with the knowledge that their act is likely to cause death.
Illustration (a): A covers a pit with sticks and turf, intending to cause death or knowing death is likely. Z, thinking the ground is firm, steps on it, falls in, and dies. A has committed culpable homicide.
Illustration (b): A knows Z is behind a bush, but B does not. A, intending to cause Z's death or knowing it is likely, gets B to fire at the bush. B fires and kills Z. B may have committed no offence, but A has committed culpable homicide.
Illustration (c): A shoots at a fowl intending to kill and steal it, and kills B, who is behind a bush, without knowing B was there. Even though A was doing an unlawful act, A is not guilty of culpable homicide because A did not intend to kill B or cause death by an act known to be likely to cause death.
Explanation 1: A person who causes bodily injury to someone who is already suffering from a disorder, disease, or bodily weakness, and thereby speeds up that person's death, is considered to have caused that person's death.
Explanation 2: Where death is caused by bodily injury, the person who causes that injury is considered to have caused the death, even if the death could have been prevented with proper remedies and skilled treatment.
Explanation 3: Causing the death of a child in the mother's womb is not homicide. However, it may amount to culpable homicide to cause the death of a living child if any part of the child has been brought forth, even if the child has not breathed or been completely born.
Official Text
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.
Related Provisions
culpable homicide not amounting to murder
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
- SC (2025) Vol.7 p.105 — Supreme Court of India (2025)