Karan hits Nitin on his head with a stick several times. Nitin falls unconscious and succumbs to his injuries after five days of hospitalization. The doctor testifies that the injuries taken cumulatively were likely to cause death. Karan would be held guilty of

Correct option is D

The correct option is: (d) Culpable homicide not amounting to murder

Explanation

In the given case, Karan repeatedly hits Nitin on the head with a stick, causing serious injuries. Nitin falls unconscious and dies after five days. The doctor’s testimony clearly states that the injuries, taken cumulatively, were likely to cause death.

Under Section 100 of the Bharatiya Nyaya Sanhita (BNS), 2023, culpable homicide is committed when death is caused by an act done with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that the act is likely to cause death.

However, for the offence to amount to murder under Section 101 BNS, the bodily injury intended must be sufficient in the ordinary course of nature to cause death, or the act must be so imminently dangerous that it must, in all probability, cause death.

In this case:

• There is no clear intention to cause death.
• The doctor states the injuries were likely to cause death, not sufficient in the ordinary course of nature to cause death.
• Death occurred after several days of hospitalization, indicating absence of immediate fatal intent.

Therefore, the offence falls squarely under culpable homicide not amounting to murder.

Information Booster:

Culpable Homicide under BNS, 2023 (Section 100)

A person commits culpable homicide if death is caused by:

• Intention to cause death, or
• Intention to cause bodily injury likely to cause death, or
• Knowledge that the act is likely to cause death

Explanation 2 of Section 100 clarifies that:

• Even if death could have been prevented by proper medical treatment, the person causing the injury is deemed to have caused death.

Difference Between Murder and Culpable Homicide

• Murder (Section 101 BNS) requires:
• Intention to cause death, or
• Injury sufficient in the ordinary course of nature to cause death
• Culpable homicide not amounting to murder (Section 105 BNS) applies when:
• Death is caused by injuries likely to cause death, without the higher degree of intention or imminence.