Section 301 IPC: Culpable homicide by causing death of person other than person whose death was intended

Indian Penal Code, 1860

Section 301 IPC at a Glance

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

Punishment

None. 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.

BNS Equivalent

Section 102 →

Section 301 IPC Bare Act Text

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.

Source: Section 301, Indian Penal Code, 1860

Section 301 IPC in Simple Words

Section 301 of the Indian Penal Code (IPC) embodies the principle of transferred malice in culpable homicide.

Where a person causes the death of any person whose death they neither intend nor know themselves to be likely to cause, by doing an act intending or knowing it to be likely to cause death, the culpable homicide is of the description it would have been if they had caused the death of the person whose death was intended or known to be likely.

Section 301 IPC prescribes no separate punishment, and the offender is punished under Section 302 IPC if the act amounts to murder, or under Section 304 IPC if it is culpable homicide not amounting to murder.

Ingredients of Section 301 IPC

The accused does an act intending or knowing it to be likely to cause death
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
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

Punishment Under Section 301 IPC

Imprisonment

Fine

None under Section 301 IPC. Fine is imposed under the punishing section, Section 302 IPC or Section 304 IPC.

Section 301 IPC 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 302 IPC or Section 304 IPC according to its description.

Example of Section 301 IPC

In December 2020, in Bhopal, Shrikant mixed a lethal dose of poison into a glass of milk on a dining table, intending to cause the death of his cousin Naveen. Before Naveen entered the room, a visiting courier named Pranav drank the milk by mistake and died, even though Shrikant neither intended nor knew himself to be likely to cause Pranav's death. By virtue of Section 301 IPC, the culpable homicide committed by Shrikant is of the same description as if he had caused Naveen's death.

When Section 301 IPC Does Not Apply

The person who did the act neither intended to cause death nor knew that the act was likely to cause death.
No person died as a consequence of the act, so culpable homicide was not committed.
The person who died was the very individual whose death the offender intended or knew himself to be likely to cause.

Section 301 IPC in the BNS

Section 301 IPC is now covered under Section 102 BNS.

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 detailed comparison (IPC 301 vs BNS 102) →

FAQs on Section 301 IPC

What principle does Section 301 IPC lay down?▼

Section 301 IPC lays down the doctrine of transferred malice. Where an offender intends or knows his act is likely to cause death and causes the death of a person he neither intended nor knew himself likely to kill, the culpable homicide is of the same description as if he had caused the death of the intended person.

Does Section 301 IPC prescribe a punishment?▼

No. Section 301 IPC is a rule of classification and attribution. It fixes the description of the offence, and punishment is awarded under Section 302 IPC if the act amounts to murder, or Section 304 IPC if it is culpable homicide not amounting to murder.

Is Section 301 IPC bailable or cognizable?▼

Section 301 IPC carries no entry in the First Schedule to the Criminal Procedure Code because it creates no separate offence. Classification for bail, arrest and trial is governed by the punishing section charged, such as Section 302 IPC or Section 304 IPC.

What must the prosecution establish under Section 301 IPC?▼

The prosecution must establish that the accused did an act intending or knowing it to be likely to cause death, that culpable homicide was thereby committed, and that the death caused was of a person other than the one whose death was intended or known to be likely.

Where is Section 301 IPC located in the Bharatiya Nyaya Sanhita?▼

It is Section 102 BNS, in Chapter VI, Of Offences Affecting the Human Body.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·