Section 299 IPC (Culpable homicide) is now Section 100 BNS, in force from 1 July 2024. Only the section number changed.
What Changed From IPC 299 to BNS 100?
Section 299 IPC is now Section 100 BNS. The definition of culpable homicide, the three alternative mental elements, the three Illustrations and the three Explanations are reproduced in Section 100 BNS without substantive change.
IPC 299 vs BNS 100: Comparison Table
Aspect
IPC 1860 (repealed)
BNS 2023 (in force)
Section
299
100
Offence
Culpable homicide
Same
Punishment
None. Section 299 IPC is a definition and prescribes no sentence of imprisonment. Culpable homicide is punished under Section 304 IPC, or Section 302 IPC where it amounts to murder.
None. Section 100 BNS is a definition and prescribes no sentence of imprisonment. Culpable homicide is punished under Section 105 BNS, or Section 103 BNS where it amounts to murder.
Fine
None under Section 299 IPC. Fine is provided under the punishing provisions in Section 304 IPC or Section 302 IPC.
None under Section 100 BNS. Fine is provided under the punishing provisions in Section 105 BNS or Section 103 BNS.
Bail
Non-Bailable
Same
Cognizance
Non-Cognizable
Same
Compoundable
Non-Compoundable
Same
IPC 299 and BNS 100: Bare Act Text Side by Side
IPC 1860 (repealed)
Section 299, IPC 1860
299. Culpable homicide.—Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
Illustrations
(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.
(b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z's death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.
(c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death.
Explanation 1.—A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.
Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented.
Explanation 3.—The causing of the death of a child in the mother's womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.
BNS 2023 (in force)
Section 100, BNS 2023
Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. Illustrations. (a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide. (b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide. (c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death. Explanation 1.—A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. Explanation 3.—The causing of the death of a child in the mother’s womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.
Ingredients: IPC 299 vs BNS 100
Under IPC 299
The accused causes the death of a human being by doing an act
The act is done with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that the doer is likely by such act to cause death
Under BNS 100
Causing death of a human being by doing an act
Doing the act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that the doer is likely by such act to cause death
What IPC 299 to BNS 100 Means for Pending Cases
For Section 299 IPC (now Section 100 BNS): the definition of culpable homicide remains unchanged in substance, so an act committed after the BNS came into force is assessed on the same legal elements under Section 100 BNS.
FAQs: IPC 299 to BNS 100
What changed in the definition of culpable homicide when Section 299 IPC became Section 100 BNS?▼
The legal definition is unchanged. Section 100 BNS reproduces the three limbs of culpable homicide, the three Illustrations and the three Explanations of Section 299 IPC without substantive variation.
Where does culpable homicide sit in the BNS, in place of Section 299 IPC?▼
In Section 100 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of offences affecting life.
Does Section 299 IPC or Section 100 BNS apply to an act done before 1 July 2024?▼
Section 299 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 299 IPC. Section 100 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·