Introduction
Culpable homicide, one of the most critical offences of BNS is covered under Section 100 of BNS. Section 100 of the BNS categorizes the offense into three scenarios: causing death with the intention of doing so, causing bodily injury likely to result in death, or causing death knowingly through an act.
The section further provides illustrative examples to clarify the application of these principles.
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Illustration (a) presents a case where an individual, A, lays sticks and turf over a pit with the intention of causing death. If someone, like Z, unknowingly falls into the pit and is killed, A is deemed to have committed culpable homicide. This example illustrates the importance of intent in establishing the offense.
Illustration (b) introduces a scenario where A induces B to fire at a bush, knowing that Z is behind it. If B, unaware of Z's presence, kills Z, A is held accountable for culpable homicide.
Explanation 1 extends culpability to those who accelerate the death of an individual with a disorder, disease, or bodily infirmity.
Explanation 2 establishes that even if death could have been prevented with proper remedies and treatment, the person causing bodily injury is still deemed responsible.
Explanation 3, however, clarifies that causing the death of a child in the mother's womb is not considered homicide. Yet, if any part of the child has been brought forth, even if not completely born, causing its death may amount to culpable homicide.
Section 105 of BNS deals specifically with the punishment for culpable homicide not amounting to murder. The severity of the punishment is determined by the intention behind the act. If the death-causing act is done with the intention of causing death or serious bodily injury, the perpetrator faces imprisonment for life or a term of five to ten years and a fine.
On the other hand, if the act is done with the knowledge that it is likely to cause death but without the intention, the punishment is imprisonment for up to ten years along with a fine.
FAQs on culpable homicide not amounting to murder under BNS
Q1: What does culpable homicide mean under Bharatiya Nyaya Sanhita (BNS)?
A1: Culpable homicide, as outlined in Section 100 of the BNS, refers to causing death through intentional or knowingly harmful acts. It encompasses scenarios where death is caused with the intention of doing so, through bodily injury likely to result in death, or knowingly through an act.
Q2: Can you provide an example illustrating culpable homicide under BNS?
A2: Illustration (a) in Section 100 presents a scenario where an individual intentionally lays sticks and turf over a pit, causing another person to unknowingly fall in and be killed. This exemplifies culpable homicide, highlighting the significance of intent in establishing the offense.
Q4: What do Explanations 1, 2, and 3 in Section 100 of BNS elaborate on?
A4: Explanation 1 extends culpability to those accelerating the death of an individual with a disorder, disease, or bodily infirmity.
Explanation 2 holds responsible the person causing bodily injury, even if death could have been prevented with proper remedies.
Explanation 3 clarifies that causing the death of a child in the mother's womb is not considered homicide, but certain conditions may lead to culpable homicide.
Q5: How does Section 105 of BNS determine the punishment for culpable homicide not amounting to murder?
A5: Section 105 dictates the severity of punishment based on the intention behind the act. If the death-causing act is done with the intention of causing death or serious bodily injury, the perpetrator faces imprisonment for life or a term of five to ten years along with a fine. If the act is done with the knowledge that it is likely to cause death but without the intention, the punishment is imprisonment for up to ten years along with a fine.
Culpable homicide not amounting to murder under BNS (Bharatiya Nyaya Sanhita)
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