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Culpable Homicide (Section 299 of The Indian Penal Code, 1860)

Culpable homicide is the unlawful killing of a human being. It is considered the most heinous of offenses under Indian law. Culpable homicide occurs when a person causes death either intentionally or with knowledge that their actions could likely cause death. The key elements are that the death was caused by another person's actions, and those actions were taken with the intent to cause death or knowledge that death could result. Those who commit culpable homicide not amounting to murder face imprisonment of up to 10 years if intent to cause death is proven, or up to 10 years or a fine if knowledge of potential death is proven but without intent.

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322 views

Culpable Homicide (Section 299 of The Indian Penal Code, 1860)

Culpable homicide is the unlawful killing of a human being. It is considered the most heinous of offenses under Indian law. Culpable homicide occurs when a person causes death either intentionally or with knowledge that their actions could likely cause death. The key elements are that the death was caused by another person's actions, and those actions were taken with the intent to cause death or knowledge that death could result. Those who commit culpable homicide not amounting to murder face imprisonment of up to 10 years if intent to cause death is proven, or up to 10 years or a fine if knowledge of potential death is proven but without intent.

Uploaded by

nikhil pathak
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Culpable Homicide (Section 299 of the Indian Penal Code, 1860)

1) Meaning of Homicide:  Homicide means the killing of a human being by a


human being. Homicide is the highest order of bodily injury that can be inflicted
on a human body. It has from earliest times considered the most heinous of
offences.    
Homicide may be either lawful or unlawful.
(a) Lawful Homicide : In case of lawful homicide, law will set the culprit free.

(b) Unlawful Homicide :  If death is caused with intention or knowledge to cause


death, then homicide is classified as unlawful homicide. These cases are Culpable
Homicide Under Section 299 of the Indian Penal Code and Murder under Section
300 of I.P.C
2) Culpable homicide : Section 299 of the Indian Penal Code says that,  whoever
causes death by doing an act with the intention of causing death, or with the
intention of causing such bodily injury as is likely to cause death, or with the
knowledge that he is likely by such act to cause death, commits the offence of
culpable homicide.

Illustrations
(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or
with the knowledge that death is likely to be thereby caused. Z, believing the
ground to be firm, treads on it, falls in and is killed. A has committed the offence
of culpable homicide.

(b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or
knowing it to be likely to cause Z's death, induces B to fire at the bush. B fires and
kills Z. Here B may be guilty of no offence; but A has committed the offence of
culpable homicide.

(c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a
bush; A not knowing that he was there. Here, although A was doing an unlawful
act, he was not guilty of culpable homicide, as he did not intend to kill B or to
cause death by doing an act that he knew was likely to cause death.
A person who causes bodily injury to another who is laboring under a disorder,
disease or bodily infirmity, and thereby accelerates the death of that other, shall
be deemed to have caused his death.

Explanation 2 :  Where death is caused by bodily injury, the person who causes
such bodily injury shall be deemed to have caused the death, although by
resorting to proper remedies and skillful treatment the death might have been
prevented.
Explanation 3:  The causing of the death of a child in the mother's womb is not
homicide. But it may amount to culpable homicide to cause the death of a living
child, if any part of that child has been brought forth, though the child may not
have breathed or been completely born.

Essential Elements of Culpable Homicide: To invoke Section 299 of the Indian


Penal Code following Conditions are to be satisfied.
There must be a death of a Person
The death must have been caused by an act of an act of another person;
The act of causing death must be :
(i) with the intention of causing death,
(ii) with the intention of causing such bodily injury as is likely to cause
death, or
(iii) with the knowledge that such act is likely to cause death.
3) Punishment for culpable homicide not amounting to murder: Section 304 of
the Indian Penal Code 1860 prescribes the punishment for culpable homicide not
amounting to murder, it says that whoever commits culpable homicide not
amounting to murder shall be punished with imprisonment for life, or
imprisonment of either description for a term which may extend to ten years, and
shall also be liable to fine, if the act by which the death is caused is done with the
intention of causing death. or of causing such bodily injury as is likely to cause
death; or with imprisonment of either description for a term which may extend to
ten years, or with fine, or with both, if the act is done with the knowledge that it
is likely to cause death, but without any intention to cause death, or to cause such
bodily injury as is likely to cause death.
The offence under Section 304 of the Indian Penal Code is cognizable, non-
bailable, non-compoundable and triable by Court of Session.

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