Culpable homicide
What this section does
This section defines the offence of culpable homicide as causing death by an act done with the intention of causing death, with the intention of causing bodily injury likely to cause death, or with knowledge that the act is likely to cause death. Three Explanations address acceleration of death, intervening medical treatment, and the status of an unborn child.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Ingredients (what prosecution must prove)
- The accused caused the death of a person
- The death was caused by an act of the accused done with: (a) intention to cause death, OR (b) intention to cause such bodily injury as is likely to cause death, OR (c) knowledge that the act is likely to cause death
Practitioner note
This section is definitional and does not itself prescribe punishment; punishment for culpable homicide not amounting to murder is prescribed elsewhere. Explanation 3 clarifies that causing death of a child in the womb is not homicide, but causing death of a living child of which any part has been brought forth may amount to culpable homicide even if the child has not breathed or been completely born.
- IPC Section 299 — Culpable homicide (definition)
Read the official text
For the binding statutory text of BNS Section 100, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 100 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.