Culpable homicide by causing death of person other than person whose death was intended
Section 301 of the Indian Penal Code, 1860 deals with culpable homicide by causing death of person other than person whose death was intended. If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which i The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to he likely to cause.
Section 301, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 102 Culpable homicide by causing death of person other than person whose death was intended Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of Rajasthan vs Ram Kailash @ Ram Vilas
Court's Decision & Legal Precedent
The doctrine of transfer of malice under Section 301 IPC applies to firearm cases: when an accused shoots at a person on a motorcycle with the intention to cause bodily injury likely to cause death, the absence of knowledge about the victim's exact identity does not negate the intention to cause death required for a murder conviction under Section 300 IPC. The malice attaches to the act of shooting with knowledge of its imminently dangerous nature, not to a specific person. Therefore, if the shooter acts with intention to cause bodily injury as likely to cause death, and death is in fact caused, the conviction must be under Section 302 IPC (murder) rather than Section 304 Part-I IPC (culpable homicide not amounting to murder).
On this section: Doctrine of transfer of malice - Key provision applied by the Supreme Court to hold that malice directed at one person can be transferred to the actual victim, negating the argument that lack of knowledge about victim's identity negates murder
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 301
What have the courts held on Section 301 of the Indian Penal Code?
State of Rajasthan vs Ram Kailash @ Ram Vilas (28 Jan 2016) is the leading judgment on this section among those set out below: Doctrine of transfer of malice - Key provision applied by the Supreme Court to hold that malice directed at one person can be transferred to the actual victim, negating the argument that lack of knowledge about victim's identity negates murder.
How do I find court cases under Section 301 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 301, section 301 IPC, section 301 of the Indian Penal Code. People searching for it also type ipc 301 punishment and ipc 301 in bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of Rajasthan vs Ram Kailash @ Ram Vilas (28 Jan 2016).
What should I read with Section 301 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 102 (Culpable homicide by causing death of person other than person whose death was intended), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 301 of the Indian Penal Code come into force?
Section 301 of the Indian Penal Code, cited as IPC 301, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.