IPC Section 299
IPC Section 299 – Definition of “Culpable Homicide”
Exact Provision (Simplified):
“Whoever causes the death of a person 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 knowledge that the act is likely to cause death, commits culpable homicide.”
Key Elements of Section 299
Causing Death
The act must result in the death of a person.
Mere injury without death does not fall under Section 299 (it may fall under sections for hurt or grievous hurt).
Intention or Knowledge
Three ways to satisfy the mental element:
Intention to cause death – direct desire to kill.
Intention to cause bodily injury likely to cause death – e.g., stabbing someone in the heart, knowing death is a likely result.
Knowledge that act is likely to cause death – e.g., throwing a heavy object from a height onto someone below.
Culpable Homicide vs. Murder
Section 299 defines culpable homicide, but not all culpable homicides are murder.
Murder is a subset of culpable homicide with additional elements of malice, premeditation, or certain circumstances (Section 300 IPC).
Act Must be Voluntary
The death must result from a voluntary act of the accused.
Accidental deaths without intention or knowledge do not come under Section 299.
Punishment for Culpable Homicide
Section 304 IPC: Deals with punishment for culpable homicide not amounting to murder.
Imprisonment: Up to 10 years (varies depending on intent and circumstances).
Fine: May also be imposed.
Section 300 IPC: If it amounts to murder, punishment may be death or life imprisonment.
Important Points / Legal Principles
Mental Element (Mens Rea)
The key difference between culpable homicide and accidental death is intention and knowledge.
Physical Act (Actus Reus)
There must be a direct act causing death; omission may be punished if there is a legal duty to act.
Subsets
Culpable homicide → broad category of intentional/knowingly causing death.
Murder → subset with stricter conditions (Section 300 IPC).
Illustration / Examples
A person shoots someone aiming to kill them, and the victim dies.
→ Culpable homicide (intentional) → may amount to murder under Section 300.
A person strikes another with a heavy stick, intending to cause grievous hurt, and the victim dies.
→ Culpable homicide (intention to cause injury likely to cause death).
A person throws a heavy stone from a rooftop, knowing it may fall on someone below. Victim dies.
→ Culpable homicide (knowledge that act likely to cause death).
Accidental death while playing carelessly without knowledge of risk.
→ Not culpable homicide.
Summary
| Aspect | Details |
|---|---|
| Definition | Causing death with intention, knowledge, or intent to cause lethal injury |
| Mental Element | Intention to cause death / intent to cause injury likely to cause death / knowledge act may cause death |
| Result | Death of a person |
| Punishment | Section 304: up to 10 years, fine; Section 300 (if murder): death or life imprisonment |
| Relation | Foundation for Section 300 (murder) |
In simple words: Section 299 defines culpable homicide, i.e., causing death intentionally or knowingly, which may or may not amount to murder depending on circumstances.
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