Examining the Legal Landscape of Indian Penal Code (Section 299) Culpable Homicide in India : An In-depth Analysis

The Indian Penal Code provides the provision for legal action against various offenses and crimes. It is the cornerstone of Indian Law and administration covering many offenses and providing the provision of keeping the society safe. Culpable Homicide is an offense which is described under section 299 of Indian Penal Code. Offense labeled as culpable homicide deals with unlawful killing of a person. Here the offender knows that his or her act has the risk of killing another person, hence it is also called causing death to another person with malice. In this article we will examine the key details and various aspects related to Culpable Homicide.

What Is Culpable Homicide?

Culpable Homicide is causing death to another person by getting involved in an act with knowledge or intention that it will likely to cause death, or causing bodily injury to another persons with clear knowledge that  will cause death. It falls under the category of grievous offense, however, it has its distinction from murder.

Understanding Culpable Homicide IPC 299

Let us now take a look at the description of culpable homicide under IPC 299.

“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 offense of culpable homicide.”

Also Read :- Understanding the Dynamics of the Right of Private Defense Causing Death Under Section 100 IPC

Illustration:

(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 offense 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 offense; but A has committed the offense 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.

Explanation 1.—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 cause 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.”

Key Consideration for Culpable Homicide IPC Section 299

Examining The Men’s Rea: Causing death to another person with deliberate intention is one of the key considerations under section 299. This signifies the criminal state of mind of the accused and will count as key consideration under the law.

Knowledge in The Case Homicide: The person committing the act has the knowledge or due to his or her reckless behavior commits an act that is likely to cause death.

Involvement in Rash or Negligent Act: This is a situation where death of another person is caused due to a rash or negligent act. 

Based on the situation, varying degrees of punishment will be attracted. 

Examining Culpable Homicide not Amounting to Murder

Under section 299 various provisions have been provided to deal with culpable homicide, there can be a situation where culpable homicide amounts to murder or culpable homicide not amounting to murder. The key consideration are given below

1. There has to be an intention of causing death.
2. There has to be  intention of causing bodily injury that is likely to cause death.
3. Accused having the knowledge that  his or her act is likely to cause death.

Culpable Homicide Amounting to Murder:

Culpable homicide amounting to murder as defined under section 300 of the IPC requires following key consideration to be established.

1. There should be an intention of causing death.
2. The intention of causing bodily injury to the person, and the offender knows that such injury is likely to cause the person’s death.
3. The bodily injury intended to be inflicted is sufficient, in the ordinary course of nature, to cause death.

The person committing the act should know that it is so imminently dangerous that it will probably cause death or such bodily injury that is likely to cause death, and the act is carried out without any excuse for incurring such a risk.

Also Read :- Legal Insights: Decoding Punishments for Wrongful Restraint Under Section 341

Insaaf99 Marking Impact on Culpable Homicide Litigation

Insaaf99 an online legal platform is impacting the litigation for culpable homicide by harnessing the use of technology. We provide immediate online legal consultation to the individual seeking assistance in a culpable homicide case. We empower individuals by providing them information related to their rights along with the clear interpretation of legal precedents. We offer comprehensive legal support to the individuals from providing the initial consultation to representing in the courtroom.

Conclusion:

Indian penal code provides important provision for punishment for culpable homicide which can amount to murder and culpable homicide not amounting to murder. It provides varying degrees of punishment based on the situations.

Frequently Asked Questions