Culpable homicide by causing death of person other than person whose death was intended
What this section does
Codifies the 'transfer of intention' or 'transferred malice' doctrine: where an accused intends or knows his act is likely to cause death to one person but actually kills a different person, the culpable homicide is treated as if the accused had killed the intended victim. The character of the offence (murder or culpable homicide) is determined by reference to the original intention.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Practitioner note
This is a definitional/deeming provision; it carries no independent punishment. The applicable punishment is that of the offence (murder or culpable homicide) as determined by the transferred intention.
Derived from IPC s.301.
Read the official text
For the binding statutory text of BNS Section 102, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 102 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.