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Section 102 — Culpable homicide by causing death of person other than person whose death was intended
102
102
Culpable homicide by causing death of person other than person whose death was intended
Bharatiya Nyaya Sanhita, 2023
Chapter VI Of Offences Affecting The Human Body
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Culpable HomicideUnintended DeathCriminal LawChapter VISevere
🗣️ Simple Explanation
What does this law say? Section 102 of the BNS deals with a situation where someone's actions cause the death of a person they didn't intend to harm. If you do something intending or knowing it could cause death, and someone else dies, you are guilty. This section replaces no old section of IPC.
Why does this law exist? This law ensures that people are held responsible for the consequences of their actions, even if the wrong person is harmed. It prevents people from escaping punishment by claiming they didn't intend to kill the specific victim.
Real-life impact This law affects cases where a person's actions have unintended but fatal consequences. For example, if someone shoots at one person but accidentally kills another, they can still be charged with culpable homicide.
What happens if you break this law? The punishment will be the same as if you had killed the person you intended to harm. The police can arrest you without a warrant.
⚖️ Punishment

The punishment will be the same as if the offender had caused the death of the person whose death was intended or known to be likely.

💡 Real Life Example

Rahul throws a bomb intending to kill Amit, but it kills a bystander, Priya. Rahul is guilty of culpable homicide. Amit fires a gun at a thief, but the bullet hits and kills a security guard. Amit is guilty of culpable homicide. Sneha poisons a drink meant for her rival, but her friend drinks it and dies. Sneha is guilty of culpable homicide. The legal consequence is the same as if the intended victim died.

🛡️ KNOW YOUR RIGHTS
  • •Remain silent and do not answer questions.
  • •Contact a lawyer immediately.
  • •Understand the charges against you.
  • •Gather evidence to support your defense.
  • •Seek legal aid if you cannot afford a lawyer.
❓ FREQUENTLY ASKED QUESTIONS
Section 102 of the BNS addresses situations where a person's actions lead to the death of someone they didn't intend to kill. If you do something that you know could cause death, and someone dies, you are still responsible. This section ensures accountability for unintended consequences.
The punishment under this section is the same as if you had killed the person you intended to harm. This means the punishment can vary depending on the circumstances, potentially including imprisonment or even the death penalty. The court will decide the final sentence.
The bail status depends on the nature of the culpable homicide. If the act falls under the definition of murder, it is non-bailable. If it is culpable homicide not amounting to murder, it may be bailable, depending on the specific circumstances and the discretion of the court.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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