IPC 301→BNS 102

IPC 301 to BNS 102: Culpable homicide by causing death of person other than person whose death was intended

Section 301 IPC (1860) replaced by Section 102 BNS (2023)

View IPC Section 301 →View BNS Section 102 →

IPC 301 to BNS 102 at a Glance

Section 301 IPC (Culpable homicide by causing death of person other than person whose death was intended) is now Section 102 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 301 to BNS 102?

Section 301 IPC is now Section 102 BNS. The principle that culpable homicide takes its description from the intended or known victim when a different person dies is reproduced in Section 102 BNS without substantive change.

IPC 301 vs BNS 102: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section301102
OffenceCulpable homicide by causing death of person other than person whose death was intendedSame
PunishmentNone. Section 301 IPC fixes the description of culpable homicide where the death caused is of a person other than the intended victim, but prescribes no punishment of its own. Punishment is imposed under Section 302 IPC where the offence amounts to murder, or Section 304 IPC where it is culpable homicide not amounting to murder.None. Section 102 BNS fixes the description of culpable homicide where the death caused is of a person other than the intended victim, but prescribes no punishment of its own. Punishment is imposed under Section 103 BNS where the offence amounts to murder, or Section 105 BNS where it is culpable homicide not amounting to murder.
FineNone under Section 301 IPC. Fine is imposed under the punishing section, Section 302 IPC or Section 304 IPC.None under Section 102 BNS. Fine is imposed under the punishing section, Section 103 BNS or Section 105 BNS.
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 301 and BNS 102: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 301, IPC 1860

301. Culpable homicide by causing death of person other than person whose death was intended.—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.
BNS 2023 (in force)

Section 102, BNS 2023

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.

Ingredients: IPC 301 vs BNS 102

Under IPC 301
  1. The accused does an act intending or knowing it to be likely to cause death
  2. The accused thereby commits culpable homicide by causing the death of a person whose death he neither intends nor knows himself to be likely to cause
  3. 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
Under BNS 102
  1. Doing an act intending or knowing it to be likely to cause death
  2. Committing culpable homicide by causing the death of a person whose death the doer neither intends nor knows to be likely to cause
  3. The culpable homicide taking the description it would have had if the death caused had been of the person whose death was intended or known to be likely

What IPC 301 to BNS 102 Means for Pending Cases

For Section 301 IPC (now Section 102 BNS): the doctrine of transferred malice remains unchanged in substance, so an act committed after the BNS came into force is assessed on the same legal elements under Section 102 BNS.

FAQs: IPC 301 to BNS 102

What changed in the transferred malice rule when Section 301 IPC became Section 102 BNS?▼

The legal rule is unchanged. Section 102 BNS reproduces the principle of Section 301 IPC without substantive variation, attributing the intended description of culpable homicide when another person is killed.

Where does Section 301 IPC sit in the BNS?▼

In Section 102 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of offences affecting life.

Does Section 301 IPC or Section 102 BNS apply to an act done before 1 July 2024?▼

Section 301 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 301 IPC. Section 102 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 ·