Section 100 BNS: Culpable homicide

Bharatiya Nyaya Sanhita, 2023

Section 100 BNS at a Glance

Section 100 BNS deals with culpable homicide. It replaced Section 299 IPC on 1 July 2024.

Punishment

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.

IPC Equivalent

Section 299 →

Section 100 BNS Bare Act Text

100. 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.

Source: Section 100, Bharatiya Nyaya Sanhita, 2023

Section 100 BNS in Simple Words

Section 100 of the Bharatiya Nyaya Sanhita (BNS) defines culpable homicide. It applies when a person 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 the act is likely to cause death. In simple terms, the law looks at the mind of the accused and the likely result of the act.

This section is the foundation for serious homicide offences in Indian criminal law. It does not mean every death caused by another person is murder. The facts, intention, knowledge, weapon used, nature of injuries, and surrounding circumstances all matter.

In practice, this section is often used to decide whether a case is culpable homicide, murder, or a lesser offence. It is highly significant in police investigation, bail, trial strategy, and sentencing.

Ingredients of Section 100 BNS

  • 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

Punishment Under Section 100 BNS

Imprisonment

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 100 BNS. Fine is provided under the punishing provisions in Section 105 BNS or Section 103 BNS.

Section 100 BNS defines culpable homicide without prescribing a punishment of its own. Punishment is provided under Section 105 BNS, or under Section 103 BNS where the act amounts to murder.

Example of Section 100 BNS

In a village near Gaya, Mohan digs a deep pit across a dark pathway and conceals it with thin bamboo sticks and dry turf, intending to cause the death of his neighbour Dinesh who uses the path at night. Dinesh walks on the turf, falls into the pit and dies. The act is culpable homicide as defined in Section 100 BNS. Because Mohan intended to cause death and no Exception in Section 101 BNS applies, the act is also murder under Section 101 BNS and is punishable under Section 103 BNS.

When Section 100 BNS Does Not Apply

  • The act of the accused did not cause the death of any person
  • The act was done neither with the intention of causing death, nor with the intention of causing such bodily injury as is likely to cause death, nor with the knowledge that the doer was likely by such act to cause death
  • The death caused was of a child entirely within the mother's womb, which Explanation 3 expressly declares is not homicide

Section 100 BNS in the IPC (Previous Law)

Section 100 BNS replaces Section 299 IPC from the old criminal code.

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.

View IPC Section 299 →

FAQs on Section 100 BNS

Under Section 100 BNS, is culpable homicide the same as murder?▼

No. All murder is culpable homicide, but not all culpable homicide is murder. The difference depends on the degree of intention, knowledge, and the facts of the act.

What must the prosecution prove under Section 100 BNS?▼

The prosecution must show that the accused caused death and had the required intention or knowledge at the time of the act. Medical evidence, witness statements, and the nature of injuries usually play a major role.

Does Section 100 BNS itself give punishment?▼

No. Section 100 BNS only defines the offence. The punishment is dealt with under Section 105 BNS, which applies when the act is culpable homicide not amounting to murder.

Can a sudden fight case fall under Section 100 BNS?▼

It can, depending on the facts. If there was no clear intention to kill, the case may still fall under culpable homicide, but it may not amount to murder. Courts look closely at provocation, weapon used, and the manner of attack.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·