Section 299 Culpable Homicide

Section 299 Culpable Homicide

Definition of Culpable Homicide – Section 299 of Indian Penal Code, 1860

Who ever causes death by committing an act with an intention of causing death, or with an 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 a death, commits an offense of culpable homicide.

Illustrations –

(a) A lays a stick and turf over a pit, with the intention of causing a death, or with the knowledge that the death is likely to be thereby caused. B 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 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 fires and kills Z. Here B may be guilty of no offense, but A has committed the offense of culpable homicide.

Explanations –

Explanation 1 

A person who causes bodily injury to another who is labouring 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 the 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 skilfull treatment the death might have been prevented.

Explanation 3

The causing of the death of the child in the mother’s womb is not homicide. But it may amount to culpable homicide to cause the death of the living child, if any part of that child has been brought forth, tough the child may not have breathed or completely born.

Cases/Case Laws Related to this section-

  • Shantibhai J Vaghela and Another vs State of Gujrat and other. (Criminal Appeal No. 1805 of 2012) (Supreme Court of India Judgement dated November 9, 2012.