CORRESPONDING SECTIONS and COMPARISON SUMMARY of BNS / IPC
Section 100 of BNS – Culpable homicide
[No change]
Section 299, 302 & 304 Part II IPC –
The act of celebratory firing during marriage ceremonies is an unfortunate practice –
In the absence of any evidence on record to suggest that the Appellant aimed at and / or pointed at the large crowd whilst engaging in such celebratory firing; or there existed any prior enmity between the Deceased and the Appellant, the act cannot be punishable under Section 302 IPC.
On grounds that
(i) there was no previous enmity between the Deceased; (ii) no intention may be attributed to the Appellant as may be culled out from the record to cause death of the Deceased; and
(iii) person carrying a gun with live cartridges has knowledge that firing the gun in presence of several people is an act likely to cause death, the Appellant is guilty of commission of ‘culpable homicide’ under Section 299 IPC i.e., punishable under Section 304 Part II of the IPC.
The conviction and sentence of the Appellant under Section 302 IPC is liable to set aside. (Para 13, 14 & 15)
Shahid Ali v. State of Uttar Pradesh, 2024 LiveLaw (SC) 222 : AIR 2024 SC 1319 : 2024 Cri LJ 1579″