INDIAN PENAL CODE : CULPABLE HOMICIDE
CULPABLE HOMICIDE DEFINED
Section 299
Whoever causes death by doing an act
o with the intention of causing death or
o with the intention of causing such bodily injury as is likely to cause
death or
o with the knowledge that he is likely by such act to cause death
commits the offence of culpable homicide
Explanatory Notes from DLA
What is culpable homicide?
There are two major ingredients of the offence of culpable homicide:
o The actus reus: causing death of a human being by doing an act
o The mens rea: the act must be done with the intention or knowledge
specified in the section
It is not necessary that any intention should exist with regard to the
particular person whose death is caused, as in the familiar example of a shot
aimed at one person killing another, or poison intended for one being taken by
another.
The word “likely” in section 299 conveys the sense of „probable‟ as
distinguished from a mere possibility.
Illustrations to Section 299
Illustration (a)
A lays sticks and turf over a pit
o 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
o treads on it, falls in and is killed
A has committed the offence of culpable homicide
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, DLA NOTE
The first illustration shows that it is not necessary that the intention to
cause death should be towards any particular person.
It could be quite general in nature. Here, the intention is to cause death of
whoever comes that way and walks on the trap.
Illustration (b)
A knows Z to be behind a bush. B does not know it
A intending to cause or knowing it likely to cause Z‟s death
o induces B to fire at the bush
B fires and kills Z
Here B may be guilty of no offence
o but A has committed the offence of culpable homicide
DLA NOTE:
The second illustration holds an abettor guilty of committing culpable
homicide.
In the absence of this illustration, A would be guilty of abetment only, but by
force of this illustration, he is to be held guilty of committing culpable
homicide.
*************
Explanation 1
• A person
– who causes bodily injury to another who is labouring under a
disorder, disease or bodily infirmity and
– thereby accelerates death of that other
• shall be deemed to have caused his death
Explanation 3
• Causing death of child in mother‟s womb
– is not homicide
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CULPABLE HOMICIDE DEFINED
Section 299
Whoever causes death by doing an act
o with the intention of causing death or
o with the intention of causing such bodily injury as is likely to cause
death or
o with the knowledge that he is likely by such act to cause death
commits the offence of culpable homicide
Explanatory Notes from DLA
What is culpable homicide?
There are two major ingredients of the offence of culpable homicide:
o The actus reus: causing death of a human being by doing an act
o The mens rea: the act must be done with the intention or knowledge
specified in the section
It is not necessary that any intention should exist with regard to the
particular person whose death is caused, as in the familiar example of a shot
aimed at one person killing another, or poison intended for one being taken by
another.
The word “likely” in section 299 conveys the sense of „probable‟ as
distinguished from a mere possibility.
Illustrations to Section 299
Illustration (a)
A lays sticks and turf over a pit
o 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
o treads on it, falls in and is killed
A has committed the offence of culpable homicide
2 Coaching for Judicial Services, DU LLB and CLAT | www.delhilawacademy.com
, DLA NOTE
The first illustration shows that it is not necessary that the intention to
cause death should be towards any particular person.
It could be quite general in nature. Here, the intention is to cause death of
whoever comes that way and walks on the trap.
Illustration (b)
A knows Z to be behind a bush. B does not know it
A intending to cause or knowing it likely to cause Z‟s death
o induces B to fire at the bush
B fires and kills Z
Here B may be guilty of no offence
o but A has committed the offence of culpable homicide
DLA NOTE:
The second illustration holds an abettor guilty of committing culpable
homicide.
In the absence of this illustration, A would be guilty of abetment only, but by
force of this illustration, he is to be held guilty of committing culpable
homicide.
*************
Explanation 1
• A person
– who causes bodily injury to another who is labouring under a
disorder, disease or bodily infirmity and
– thereby accelerates death of that other
• shall be deemed to have caused his death
Explanation 3
• Causing death of child in mother‟s womb
– is not homicide
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