IPC Section 299 and BNS Section 100: Culpable Homicide
Culpable homicide means causing another person's death with the intention of causing death, the intention of causing bodily injury likely to cause death, or knowledge that the act is likely to cause death. This was defined in Section 299 of the Indian Penal Code, 1860 and is now defined in Section 100 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Definition under IPC Section 299 and BNS Section 100
IPC Section 299 states in substance that a person commits culpable homicide if that person causes death by an act done with (1) the intention of causing death, (2) the intention of causing bodily injury likely to cause death, or (3) the knowledge that the act is likely to cause death. BNS Section 100 carries forward this fundamental definition.
Three alternative mental elements
- Intention to cause death: The act is performed with the object of causing death.
- Intention to cause injury likely to cause death: The person intends the bodily injury, and the injury is of a kind likely to result in death.
- Knowledge of likelihood of death: The person knows the act is likely to cause death, even without a proved intention to kill.
The prosecution must also establish that the accused's act caused the death. Intention concerns the desired or intended consequence; knowledge concerns awareness of the likely consequence. Courts assess the weapon, nature and location of injuries, force used, conduct and surrounding circumstances. These factors are evidentiary considerations, not automatic substitutes for the statutory test.
Original statutory illustrations and explanations
The following examples preserve the substance of the illustrations and explanations contained in the original IPC Section 299, also reflected in BNS Section 100.
Illustration (a): Concealed pit
A covers a pit with sticks and turf intending to cause death or knowing death is likely. Z, believing the ground is firm, falls into the pit and dies. A commits culpable homicide because the required mental element and causal connection exist.
Illustration (b): Causing another to fire
A knows that Z is behind a bush, while B does not. A induces B to fire at the bush, intending to cause or knowing that it is likely to cause Z's death. B fires and kills Z. B may have committed no offence, but A commits culpable homicide.
Illustration (c): Unforeseen death
A shoots at a fowl intending to kill and steal it, but accidentally kills B, who is concealed behind a bush. A did not know B was there and did not intend or know that death was likely. Although A was committing an unlawful act, these facts do not establish culpable homicide. Other offences may require separate consideration.
Explanation 1: Existing disease or infirmity
A person who causes bodily injury to someone suffering from a disorder, disease or bodily infirmity and thereby accelerates that person's death is deemed to have caused the death. A pre-existing medical condition does not automatically break the causal link.
Explanation 2: Medical treatment
When death results from bodily injury, the person causing the injury is deemed to have caused the death even if prompt, proper remedies and skilful medical treatment might have prevented it.
Explanation 3: Child in the womb or partly born
Causing the death of a child in the mother's womb is not homicide under this definition. However, causing the death of a living child may amount to culpable homicide once any part of the child has been brought forth, even if the child has not breathed or been completely born. Other statutory provisions may govern acts involving pregnancy and unborn children.
Difference between culpable homicide and murder
All murder is culpable homicide, but not every culpable homicide is murder. The starting point is the definition in BNS Section 100. Section 101 then sets out the circumstances in which culpable homicide is murder, together with specified exceptions. The facts, degree of intention or knowledge, nature of injury and any applicable exception determine the correct offence.
| Issue | Culpable homicide | Murder |
|---|---|---|
| IPC definition | Section 299 | Section 300 |
| BNS definition | Section 100 | Section 101 |
| Scope | Broader category of unlawful killing with specified intention or knowledge | More specifically defined category of culpable homicide, subject to exceptions |
| Principal BNS punishment provision | Section 105, when not amounting to murder | Section 103 |
| Legal analysis | Prove causation and the required mental element | Additionally apply the conditions and exceptions in Section 101 |
The statutory exceptions to murder include, subject to strict requirements, grave and sudden provocation, exceeding the right of private defence, certain acts by public servants, sudden fight and consent in specified circumstances. Their availability depends on the precise facts and statutory wording; they do not automatically make a killing lawful.
Punishment under BNS Section 105 and legal procedure
BNS Section 105 addresses culpable homicide not amounting to murder and distinguishes the applicable mental element:
- Intention-based culpable homicide: Imprisonment for life, or imprisonment of either description for a term of not less than five years and up to ten years, and liability to fine.
- Knowledge-based culpable homicide without the specified intention: Imprisonment of either description for a term up to ten years and liability to fine.
By comparison, the former IPC Section 304 prescribed life imprisonment or imprisonment up to ten years and fine for intention-based culpable homicide not amounting to murder, and imprisonment up to ten years, or fine, or both, for its knowledge-based limb. The current BNS provision should be consulted for the exact sentence applicable to the alleged conduct.
| Issue | Position |
|---|---|
| Definition of culpable homicide | BNS Section 100 |
| Punishment if not amounting to murder | BNS Section 105 |
| Offence classification under BNSS First Schedule | Cognizable and non-bailable for BNS Section 105 |
| Trial court | Court of Session |
| Punishment for murder | See BNS Section 103; distinct from Section 105 |
Cognizable means police may investigate and exercise arrest powers according to law without first obtaining a warrant where statutory conditions are satisfied. Non-bailable means bail is not an automatic statutory entitlement, but a competent court may grant it where the law permits. Neither classification decides guilt.
Evidence, negligence and related offences
In a homicide case, relevant evidence may include medical and post-mortem findings, injury patterns, witness testimony, digital evidence, the accused's conduct and the sequence of events. The prosecution must prove the elements of the charged offence beyond reasonable doubt. The mere fact that a person died following an unlawful act does not automatically establish culpable homicide.
Death by negligence: BNS Section 106 separately addresses causing death by a rash or negligent act not amounting to culpable homicide, subject to the provision's commencement and applicable law. Negligence must not be conflated with the intention or knowledge required by BNS Section 100.
Attempt: The law separately addresses attempts to commit murder or culpable homicide. Where death has not occurred, the facts must be analysed under the appropriate attempt provision rather than treating completed culpable homicide as established.
Applicable date: IPC provisions remain relevant to conduct occurring before 1 July 2024, subject to the repeal-and-savings framework and applicable procedural provisions. The BNS numbering should not be retroactively substituted for the IPC without checking the date and governing law.
For neighbouring topics, see IPC Section 300 - Murder and the Indian Penal Code section index.
Frequently asked questions
What is the BNS equivalent of IPC Section 299?
Section 100 of the Bharatiya Nyaya Sanhita, 2023 defines culpable homicide. It came into force on 1 July 2024.
Does BNS Section 100 prescribe punishment?
No. Section 100 defines culpable homicide. Punishment for culpable homicide not amounting to murder is primarily set out in BNS Section 105; murder is dealt with under Sections 101 and 103.
What is the difference between culpable homicide and murder?
Culpable homicide is the broader category. Murder is culpable homicide meeting the additional conditions in BNS Section 101, subject to statutory exceptions.
Can knowledge without intention constitute culpable homicide?
Yes. BNS Section 100 includes causing death with knowledge that the act is likely to cause death, even if intention to cause death is not established.
Is culpable homicide not amounting to murder bailable?
Offences punishable under BNS Section 105 are generally cognizable and non-bailable under the BNSS First Schedule, and triable by the Court of Session.
Does every accidental death amount to culpable homicide?
No. The prosecution must establish causation and the specified intention or knowledge. Negligent deaths are separately addressed under BNS Section 106 where its requirements apply.
Official statutory sources
- India Code - official central legislation repository (BNS 2023, IPC 1860 and BNSS 2023)
- Ministry of Home Affairs - new criminal laws and notifications
- National Crime Records Bureau - criminal law reference resources
Legal information: This article explains central Indian criminal law for general reference. Verify the current statutory text, commencement notifications, judicial decisions and the facts of the case before relying on it in proceedings.