Section 102 BNS: Culpable homicide by causing death of person other than person whose death was intended

Bharatiya Nyaya Sanhita, 2023

Section 102 BNS at a Glance

Section 102 BNS deals with culpable homicide by causing death of person other than person whose death was intended. It replaced Section 301 IPC on 1 July 2024.

Punishment

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.

IPC Equivalent

Section 301 →

Section 102 BNS Bare Act Text

102. 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.

Source: Section 102, Bharatiya Nyaya Sanhita, 2023

Section 102 BNS in Simple Words

Section 102 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a situation where a person causes death while aiming at someone else. In simple terms, if a person intends to inflict fatal or serious harm on one individual, but the act results in the death of another person, the law can still treat it as culpable homicide. The mistake in identity of the victim does not automatically excuse the act.

This provision applies where the accused had the necessary intention or knowledge for culpable homicide, but the actual person who died was not the intended target. It is practically significant in cases involving firing, stabbing, bombing, poisoning, or any violent act directed at one person but causing death to another nearby person. The focus is on the mental state and the nature of the act, not just on who finally suffered the fatal injury.

Ingredients of Section 102 BNS

  • Doing an act intending or knowing it to be likely to cause death
  • Committing culpable homicide by causing the death of a person whose death the doer neither intends nor knows to be likely to cause
  • 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

Punishment Under Section 102 BNS

Imprisonment

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.

Fine

None under Section 102 BNS. Fine is imposed under the punishing section, Section 103 BNS or Section 105 BNS.

Section 102 BNS states how culpable homicide is classified when the harm falls on a person other than the intended victim. It prescribes no separate punishment; the offence is punished under Section 103 BNS or Section 105 BNS according to its description.

Example of Section 102 BNS

In Kanpur, Ramesh fires a gun at Suresh intending to kill him following a property dispute. The bullet misses Suresh and strikes Mahesh, a bystander standing nearby, causing Mahesh's death. Although Ramesh neither intended nor knew himself likely to kill Mahesh, under Section 102 BNS the offence is murder as defined in Section 101 BNS, punishable under Section 103(1) BNS.

When Section 102 BNS Does Not Apply

  • The act was done neither with the intention of causing death nor with the knowledge that it was likely to cause death
  • The act of the accused did not cause the death of any person
  • The death caused was of the person whose death was intended or known to be likely, so the transferred malice rule in Section 102 BNS does not apply

Section 102 BNS in the IPC (Previous Law)

Section 102 BNS replaces Section 301 IPC from the old criminal code.

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.

View IPC Section 301 →

FAQs on Section 102 BNS

Under Section 102 BNS, if I meant to hurt one person but another person died, can I still be charged?▼

Yes. If the act had the intention or knowledge required for culpable homicide, liability can still arise even when the wrong person dies. The law looks at the mental state and the act, not only the intended victim.

Does Section 102 BNS apply if the death was completely accidental?▼

Not usually. There must be proof that the accused had the intention or knowledge that makes the act culpable homicide. A pure accident without such mental element may fall outside this provision.

Is Section 102 BNS the same as murder?▼

Not always. It covers culpable homicide, which may or may not amount to murder depending on the facts. The exact charge depends on intention, knowledge, and the surrounding circumstances.

Under Section 102 BNS, what if I fired at an attacker but a bystander died?▼

The answer depends on the facts. If the act was lawful self-defence, liability may not arise. If the act was unlawful and had the required intention or knowledge, this section can be applied.

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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 ·