Section 299 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 299 — Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Title of Section 299
“Culpable Homicide”
Substance of Section 299
Section 299 BNSS deals with culpable homicide, which occurs when a person causes the death of another human being:
A person causes the death of another either 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, is said to commit culpable homicide.
In simpler terms:
Culpable homicide arises when someone causes death intentionally or knowingly, even if they did not plan the exact manner in which death occurred.
Purpose and Rationale
The purpose of Section 299 is to:
Recognize wrongful acts resulting in death that fall short of premeditated murder.
Establish criminal liability based on intention and knowledge, not merely accidental death.
Distinguish culpable homicide from murder, which carries stricter requirements and penalties.
Essential Elements of Section 299
To establish culpable homicide under Section 299, all of the following elements must exist:
1. Causing Death
There must be death of a human being directly resulting from the accused’s act.
Death must be a natural consequence of the act.
2. Act Must Be Done by Intention or Knowledge
Culpable homicide is characterized by one of the following:
Intention to cause death – The person desires that death occurs.
Intention to cause bodily injury likely to cause death – Even if the person did not desire death, the act was intended to inflict injury that is likely to result in death.
Knowledge that act is likely to cause death – The person knows that death is a probable outcome of their act, even if it is not intended.
3. Act Must Be Voluntary
The act must be voluntary, meaning it is a conscious act by the person.
Accidental or reflex actions without intention or knowledge are not culpable homicide.
Distinction: Culpable Homicide vs Murder
| Feature | Culpable Homicide (Section 299) | Murder (Section 300) |
|---|---|---|
| Intention | May include intention to cause bodily injury likely to cause death | Intention or knowledge is more direct and deliberate |
| Severity | Less severe than murder | More severe; often planned or done with extreme knowledge of fatality |
| Punishment | Less than murder; depends on BNSS schedule | Harsher punishment; could include life imprisonment or death |
| Example | Inflicting a blow that unintentionally kills, but death was foreseeable | Planning and executing a killing to ensure death |
Illustrations
Illustration 1 – Intentional Harm Likely to Cause Death
A hits B on the head with a heavy stick, intending to cause serious injury. B dies from the injuries.
Death was not the main desire, but injury was likely to cause death.
A commits culpable homicide under Section 299.
Illustration 2 – Knowledge of Likely Death
A sets fire to a house knowing people are inside, but does not specifically intend anyone to die. Death occurs.
A knew that death was likely.
This is culpable homicide.
Illustration 3 – Accidental Death
A accidentally drops a heavy object on B while walking, without intention or knowledge of harm.
No culpable homicide; the act is purely accidental.
Legal Principles
Mens Rea (Criminal Mind)
The essence of Section 299 is intention or knowledge, not mere accident.
Voluntary Act
The act causing death must be voluntarily committed by the accused.
Foreseeability
If the accused could foresee that the act was likely to cause death, Section 299 applies even if death was not desired.
Punishment
The punishment for culpable homicide under BNSS is generally less than that for murder, but it is still a serious criminal offence.
Courts consider degree of intention, foreseeability, and circumstances in sentencing.
Practical Implications
Section 299 allows courts to hold people accountable for deaths caused by intentional or reckless acts, even if they do not amount to murder.
It covers acts like:
Beatings causing death
Dangerous assaults
Reckless acts causing fatal accidents
This distinction ensures proportional justice between intentional murder and harmful acts with knowledge or likelihood of causing death.
Summary
Culpable homicide = causing death with intent to kill, intent to cause injury likely to cause death, or knowledge that death is likely.
It differs from murder in degree of intention and knowledge.
Accidents without intention or knowledge are excluded.
Punishment is serious but generally less severe than murder.
Section 299 ensures accountability for acts that are dangerous and likely to cause death, balancing justice with intent.
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