Criminal LawSection 102, Bharatiya Nyaya Sanhita, 2023

BNS Section 102

If I intended to kill one person but accidentally killed another, how is the crime classified?

Short answer

The law treats it as the same type of culpable homicide as if the intended victim had died.

In detail

Under Section 102 of the Bharatiya Nyaya Sanhita, 2023, when a person carries out an act that he intends or knows is likely to cause death, and that act results in the death of someone he neither intended to kill nor expected to die, the offence is still classified as the same description of culpable homicide that would have applied if the person he intended to kill had died. In simple terms, the law does not lessen the seriousness of the crime because the victim was different from the intended one. The offender is held responsible for the same level of culpable homicide as if his original target had been the one who died. This ensures that the intention or knowledge of causing death governs the charge, regardless of who actually loses their life.

Reviewed by LegalX Editorial · 3 September 2026View source

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