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CRIMINAL LAW
CULPABLE HOMICIDE
As defined under section 299 of Indian Penal Code :
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.
EXPLANATION TO SECTION 299 OF IPC
Explanation 1
The person who inflicted the harm cannot avoid criminal liability for culpable homicide by
claiming that the person wounded would not have died if he had not suffered from the condition
or ailment.
For example
A is a person who has weak heart and cannot handle difficult situations and B is well aware of
the fact and with the intentions of killing A , B tells him something that might be heavy for A ,
resulting a heart attack and A dies . B can be held liable for his actions
EXPLANATION 2
the fact that the wounded person died as a result of his inability to obtain adequate medical care
cannot be used to absolve the person who caused the harm in the first place of liability.
For example
A is a person who had an accident on the road and B tries to take him to the hospital but due to
lack of proper convenience A dies on the way.
the fact of the lack of immediate medical care cannot be considered to acquit B from liability.
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INGREDIANTS OF A CULPABLE HOMICIDE
A person must be dead;
The death must have been caused by the act of another person; and
The act causing death must have been done with:
PUNISHMENT UNDER CULPABLE HOMICIDE
As defined under section 304 of Indian Penal Code Punishment for culpable homicide not
amounting to murder
Whoever commits culpable homicide not amounting to murder shall be punished with
imprisonment for life, or imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine, if the act by which the death is caused is done with the
intention of causing death, or of causing such bodily injury as is likely to cause death, or with
imprisonment of either description for a term which may extend to ten years, or with fine, or
with both, if the act is done with the knowledge that it is likely to cause death, but without any
intention to cause death, or to cause such bodily injury as is likely to cause death
TYPES OF HOMICIDE
S NO. LAWFUL HOMICIDES UNLAWFUL HOMICIDE
1 Lawful homicides are ones The homicides that are penalised under
that fall under the IPC’s the Code clearly fall within the category
Chapter on General of unlawful homicides.
Exceptions and are hence not
penalised.
2 1. In short the killing of a a murder or other killing that is
person in circumstances considered a crime
which allow the act to be
regarded in law as without
criminal guilt.
CRIMINAL LAW
CULPABLE HOMICIDE
As defined under section 299 of Indian Penal Code :
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.
EXPLANATION TO SECTION 299 OF IPC
Explanation 1
The person who inflicted the harm cannot avoid criminal liability for culpable homicide by
claiming that the person wounded would not have died if he had not suffered from the condition
or ailment.
For example
A is a person who has weak heart and cannot handle difficult situations and B is well aware of
the fact and with the intentions of killing A , B tells him something that might be heavy for A ,
resulting a heart attack and A dies . B can be held liable for his actions
EXPLANATION 2
the fact that the wounded person died as a result of his inability to obtain adequate medical care
cannot be used to absolve the person who caused the harm in the first place of liability.
For example
A is a person who had an accident on the road and B tries to take him to the hospital but due to
lack of proper convenience A dies on the way.
the fact of the lack of immediate medical care cannot be considered to acquit B from liability.
, 2
INGREDIANTS OF A CULPABLE HOMICIDE
A person must be dead;
The death must have been caused by the act of another person; and
The act causing death must have been done with:
PUNISHMENT UNDER CULPABLE HOMICIDE
As defined under section 304 of Indian Penal Code Punishment for culpable homicide not
amounting to murder
Whoever commits culpable homicide not amounting to murder shall be punished with
imprisonment for life, or imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine, if the act by which the death is caused is done with the
intention of causing death, or of causing such bodily injury as is likely to cause death, or with
imprisonment of either description for a term which may extend to ten years, or with fine, or
with both, if the act is done with the knowledge that it is likely to cause death, but without any
intention to cause death, or to cause such bodily injury as is likely to cause death
TYPES OF HOMICIDE
S NO. LAWFUL HOMICIDES UNLAWFUL HOMICIDE
1 Lawful homicides are ones The homicides that are penalised under
that fall under the IPC’s the Code clearly fall within the category
Chapter on General of unlawful homicides.
Exceptions and are hence not
penalised.
2 1. In short the killing of a a murder or other killing that is
person in circumstances considered a crime
which allow the act to be
regarded in law as without
criminal guilt.
