Culpable Homicide in IPC: Section 299
⚖️ Section 299 IPC – Culpable Homicide
🔹 Definition (Text of Section 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 offence of culpable homicide.”
🔹 Ingredients of Section 299:
To prove culpable homicide, the following must be present:
Death of a person must be caused.
Death must be caused by the act of the accused.
Act must be done with:
Intention of causing death, OR
Intention of causing such bodily injury as is likely to cause death, OR
Knowledge that the act is likely to cause death.
🔹 Illustration:
A stabs B in the stomach intending to kill him → A commits culpable homicide.
A gives a severe blow on B’s head, not intending to kill, but knowing it may cause death → A commits culpable homicide.
🔹 Explanation:
The section covers both intention and knowledge.
It is wider than murder (Sec. 300).
All murders are culpable homicide, but all culpable homicides are not murder.
🔹 Case Laws:
Reg v. Govinda (1876, Bombay HC):
– Famous case distinguishing between murder (Sec. 300) and culpable homicide (Sec. 299).
– A young husband hit his wife with fists, causing her death. Held: Not murder, but culpable homicide (since no intention to kill).
Kesar Singh v. State of Haryana (2008):
– Court clarified: If intention to cause death exists → falls under murder; otherwise under Sec. 299.
Anda v. State of Rajasthan (1966):
– SC held: Even if there is only knowledge of likelihood of death, offence is culpable homicide.
🔹 Punishment:
Section 299 only defines the offence.
👉 Punishment depends on whether it amounts to murder or not:
If it amounts to murder → Punishable under Section 302 IPC (Death or life imprisonment + fine).
If it does not amount to murder (exceptions under Sec. 300) → Punishable under Section 304 IPC.
📊 Summary Table – Section 299 IPC
| Aspect | Details |
|---|---|
| Section | 299 IPC |
| Name | Culpable Homicide |
| Ingredients | (i) Death caused (ii) Act by accused (iii) Intention/knowledge |
| Mental Element | Intention OR Knowledge |
| Punishment | Not in Sec. 299 → Under Sec. 302 or 304 IPC |
| Key Cases | Reg v. Govinda (1876), Anda v. State of Rajasthan (1966), Kesar Singh v. State of Haryana (2008) |
✅ In short: Culpable homicide = causing death with intention or knowledge.
👉 Whether it is murder or not depends on Section 300 IPC.
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