Question
Consider the following statements regarding culpable
homicide under Section 100 of the Bharatiya Nyaya Sanhita, 2023: Statement 1: Culpable homicide requires an act causing death with the intention of causing death or intention of causing bodily injury likely to cause death. Statement 2: A person who throws a stone onto a busy street, knowing it is likely to cause death, commits culpable homicide even though they did not intend to cause death. Statement 3: Culpable homicide requires that the death be caused only by direct bodily injury; causing death through starvation or deprivation is excluded. Statement 4: If an act causes death with the knowledge that such act is likely to cause death, it constitutes culpable homicide. Which statements are correct?Solution
Section 100 of BNS, 2023 defines culpable homicide as: "Whoever causes death by doing an act with (1) the intention of causing death, or the intention of causing such bodily injury as is likely to cause death, or (2) with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide." Statement 1 is correct as it captures the mental elements (intention and knowledge). Statement 2 is correct—the illustration to Section 100 specifically addresses throwing a stone onto a busy street as causing culpable homicide. Statement 4 is correct as it aligns with the knowledge-based component. Statement 3 is incorrect because Section 100 does not require direct bodily injury—Illustration to Section 100 addresses starvation causing death, which is culpable homicide.
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