BNS Section 102 – Culpable homicide by causing death of person other than person whose death was intended
Chapter 6: Offences Affecting the Human Body ·
Bharatiya Nyaya Sanhita, 2023
BNS Section 102
IPC S.301
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 / Illustration
Illustration (a): A shoots Z with the intention of killing him. Z dies in consequence. A is guilty of murder. Illustration (c): A intentionally gives Z a sword cut sufficient to cause death in the ordinary course of nature. Z dies. A is guilty of murder although he may not have intended to cause Z's death.
ℹ️ Classification & Key Notes
Doctrine of Transfer of Malice — intent transfers to the actual victim even if unintended. Leading case: Emperor v. Mushnooru Suryanarayana Murthy (1912) 22 MLJ 333.
