Section 102 – Bharatiya Nyaya Sanhita (BNS) – Culpable Homicide By Causing Death Of Person Other Than Person Whose Death Was Intended.

Code: Section 102 BNSS

102.
If a person, by doing anything which he intends or knows to be likely to cause
death, commits culpable homicide by causing the death of any person, whose death he
neither intends nor knows himself to be likely to cause, the culpable homicide committed by
the offender is of the description of which it would have been if he had caused the death of
the person whose death he intended or knew himself to be likely to cause.

Explanation

Section 102 BNSS deals with culpable homicide in cases where the person intended to kill or knew that their actions were likely to cause death, but accidentally killed a different person instead of the intended victim. In such cases, the law considers the culpable homicide to be of the same type as it would have been if the intended victim had died.

In simpler terms, if the person intends to kill someone, and through his actions, unintentionally kills another person, he will be charged with the same severity as if he had killed the intended person.

Illustrations of Section 102 BNSS

1. Illustration 1:
   

   A intends to shoot and kill Z. However, in the process, A accidentally kills Y, a bystander. A will be charged with culpable homicide as if he had killed Z.

2. Illustration 2:
   

   A throws a stone at Z with the intention to kill him, but the stone strikes and kills Y. A will be treated as if he had intended to kill Y and will be charged accordingly.

Common Questions and Answers on Section 102 BNSS

1. What happens if a person accidentally kills someone other than the intended victim?

• Answer: The person will be charged with culpable homicide of the same nature as if they had killed the intended victim. The law does not treat it differently if the victim was not the one originally targeted.

2. Does the offender’s intention matter in this case?

• Answer: Yes, the offender’s intention is crucial. Even if the victim was not the intended person, the culpable homicide is treated as though the intended victim had been killed.

3. What if the offender didn’t know the risk of causing death to someone else?

• Answer: The section applies when the offender intends or knows that their actions are likely to cause death, regardless of who the death actually occurs to. Lack of knowledge or intent for the specific victim will not change the nature of the charge.

Conclusion

Section 102 BNSS clarifies that if a person causes the death of someone else unintentionally while committing an act that they knew or intended could cause death, they will be charged with culpable homicide of the same nature as if the intended victim had died. This provision ensures accountability for those who engage in dangerous actions with intent or knowledge of the risk they pose to others.

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