Updated on March 22, 2025 09:20:39 AM
Section 102 of the BNS defines the offence related to the homicide by the unintended victim, which was previously mentioned under Section 301 of the Indian Penal Code. For individuals implicated in criminal proceedings, this Section defines punishments and bail procedures. A pivotal provision, it ensures that justice is dispensed equitably within the complex landscape of the legal system.
Through established bail procedures, this section meticulously outlines the consequences of unlawful actions. As we explore the nuances of Section 102, we highlight its crucial role in upholding the rule of law in India by balancing punitive measures and due process.
Here, is an overview of Clause 102 of BNS given below:
| Offence | Homicide by unintended victim |
|---|---|
| Clause under BNS | Clause 102 |
| Bail | Non-Bailable |
| Nature of Offence | Cognizable |
| Penalties and Punishments | Imprisonment for life or 5 to 10 years, Fine or Both |
| Triable | Any Magistrate |
Clause 102 of BNS clearly defines that -“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 one 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 be likely to cause.”
The punishment for Homicide by an unintended victim is outlined in Clause 102 of the BNS. If the death was caused by an act done with the intention of causing death or grievous bodily harm likely to cause death, the perpetrator would face imprisonment for life or a term of 5-10 years. The punishment is imprisonment up to 10 years with a fine if the act is done in the knowledge it will likely cause death but without the intent to cause death or grievous harm. This provision aims to hold individuals accountable for actions resulting in death or serious harm, with varying degrees of culpability.
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer in Criminal law, who provides complete guidance on the process of bail. The lawyer also helps to prepare the application and representation during the court hearing.
On your behalf, the lawyer files an application of bail to the magistrate or session court having jurisdiction over the case. This application must contain the below-mentioned points:
After getting the bail application, the court sends a notice to the prosecution to present their arguments if they have. During the hearing, the judge carefully examines the seriousness of the offence, the evidence against the accused and the chances of them fleeing or tampering with the evidence and victims. It's a delicate balancing act in which all parties get a chance before the court makes a final judgement.
If necessary, your lawyer can represent you in court to make arguments and plead for your release regarding the bail. Bail will be granted or denied by the court based on the severity of the crime, evidence, character, and public interest.
The accused is released under conditions such as bond payment, police check-ins, and travel restrictions if granted. Under BNS2 regulations, bail is restricted for certain serious offences, such as murder and kidnapping. To ensure proper representation and compliance with legal protocols, obtaining legal guidance is crucial throughout this procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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A vital component of justice within the legal system, Clause 102 of the BNS lays down essential rules for punishment (Clause 105) and bail processes. This clause guarantees responsibility and impartiality in the application of the law by specifying the punishments for different crimes and the bail procedure. It achieves a careful balance between defending society's interests and defending the accused's rights. Furthermore, Clause 102 restates the fundamental idea that justice must be fair and available to all, supporting the upkeep of law and order as well as a just and peaceful society.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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