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.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
People also ask
- What punishment does Section 102 prescribe for this offence?
- How does culpable homicide differ from murder under the Bharatiya Nyaya Sanhita?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.