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Culpable homicide Bharatiya Nyaya Sanhita

Section 100 of The Bharatiya Nyaya Sanhita (BNS):

Culpable homicide.

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.

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(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.

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Links to important chapters of Bharatiya Nagarik Suraksha Sanhita (BNSS)

Murder, Culpable Homicide, Abetment to Suicide (Section 98 to Section 108 of BNS):

General exceptions (Section 14 to Sexual 33 of BNS):

Right of private defence (Section 34 to Section 44 of BNS):

Rape provisions (Section 63 to Section 72 of BNS):

Kidnapping (Section 135 to Section 144 of BNS):

Theft and Snatching (Section 301 to Section 305 of BNS):

Cheating, Mischief and Trespass (Section 316 to Section 332 of BNS):

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