Section 299 IPC – Culpable Homicide
299. Culpable homicide.— 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.
Illustrations
(a) A lays sticks and turf over a pit, 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, treads on it, falls in and is killed. A has committed the offence of culpable homicide.
(b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.
(c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death.
Explanation 1.— A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.
Explanation 2.— Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented.
Explanation 3.— The causing of the death of a child in the mother’s womb is not homicide. But it mayamount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.
👉 Section 299 IPC is basically the same as Section 100 BNS.
Multiple Choice Questions for the AIBE Exams
Q1. Which of the following does NOT amount to culpable homicide under Section 299 IPC?
A. A lays a trap intending to cause death, and someone falls into it and dies.
B. A convinces B to fire at a bush knowing Z is behind it, and Z is killed.
C. A shoots at a fowl to steal it, but accidentally kills a man behind a bush without knowing his presence.
D. A stabs a person with the intention to cause serious injury, resulting in death.
Answer: C
Explanation: In illustration (c), A did not have the intention or knowledge to cause death. Though he committed an unlawful act, he is not guilty of culpable homicide because there was no mens rea (guilty mind) as required under Section 299 IPC.
Q2. Under Section 299 IPC, culpable homicide requires:
A. Only intention to cause hurt
B. Intention to cause death or bodily injury likely to cause death or knowledge that the act may cause death
C. Intention to insult a person
D. Intention to commit theft
Answer: B
Explanation: Section 299 defines culpable homicide as causing death with (i) intention to cause death, or (ii) intention to cause such bodily injury likely to cause death, or (iii) knowledge that the act is likely to cause death.
Q3. In Explanation 1 to Section 299, if a person accelerates the death of another who is suffering from a disease or disorder, he is:
A. Not liable, because the person was already ill
B. Liable only if he is a doctor
C. Deemed to have caused death
D. Guilty only of hurt
Answer: C
Explanation: Explanation 1 clarifies that even if the person was already suffering from a disorder, if death is accelerated due to the act, the offender is deemed to have caused the death.
Q4. A induces B to fire at a bush knowing Z is hiding there, and Z dies. B is unaware of Z’s presence. Who is liable under Section 299 IPC?
A. Only B
B. Only A
C. Both A and B
D. Neither A nor B
Answer: B
Explanation: A had the knowledge and intention to cause Z’s death and used B as a means. Hence, A is guilty of culpable homicide. B, being unaware, may not be held liable.
Q5. Causing the death of a child in the mother’s womb:
A. Is culpable homicide
B. Is murder under IPC
C. Is not homicide, but may amount to culpable homicide if the child is partly born
D. Is always punishable under Section 299
Answer: C
Explanation: According to Explanation 3 of Section 299, death of an unborn child is not homicide. However, if any part of the child is brought forth and the child is killed, it may amount to culpable homicide.
Q6. Which of the following is essential to constitute culpable homicide?
A. Death of an animal
B. Intention or knowledge
C. Robbery
D. Consent of the victim
Answer: B
Explanation: Culpable homicide under Section 299 IPC is based on either intention to cause death or such injury likely to cause death or knowledge that the act is likely to cause death.
Q7. In which of the following situations is a person not guilty of culpable homicide?
A. Killing a person by accident while acting without intent or knowledge
B. Causing death with intention
C. Causing death with knowledge that the act is likely to cause death
D. Causing death by stabbing someone in the chest
Answer: A
Explanation: For culpable homicide, either intention or knowledge must be present. If the act is purely accidental and lacks both, the offence is not made out.
Q8. What is the main difference between culpable homicide and murder under the IPC?
A. Murder always involves firearms
B. Culpable homicide requires knowledge, murder does not
C. All murders are culpable homicide but not all culpable homicides are murder
D. There is no difference
Answer: C
Explanation: Murder is a type of culpable homicide with more aggravated intent. All murders fall within the definition of culpable homicide, but not all culpable homicides amount to murder due to the presence of exceptions or lesser degrees of intention.
Final Thoughts
Section 299 of the Indian Penal Code (IPC) talks about culpable homicide, which means causing someone’s death intentionally or knowingly. In simple words, if a person does something that leads to another person’s death, and he either wanted that person to die or knew that death might happen because of his act, then it is called culpable homicide.
Meaning of Culpable Homicide – Section 299 IPC
Section 299 of IPC says: “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.”
Now let us break it into three important parts:
- When a person acts with the intention to cause death. That means he wanted the other person to die. Example: A stabs B with a big knife in the heart. He clearly wanted to kill B.
- When a person acts with the intention to cause such bodily injury that is likely to cause death. This means the person may not want to kill, but he does such serious harm that he knows it could lead to death. Example: A hits B on the head with an iron rod very hard. He may not want to kill, but he knows this injury can cause death.
- When a person does an act knowing that it is likely to cause death. Here, the person might not want to kill or even hurt seriously, but he knows that his act is dangerous and death can happen. Example: A drives his car at very high speed through a crowded market, knowing people might die, and someone does die.
Illustrations (Examples) Given in the Law
(a) Laying trap over a pit: A puts sticks and grass over a deep pit, so it looks like normal ground. He does this either to kill someone or knowing someone might die. Z walks on it thinking it’s safe, falls, and dies. A is guilty of culpable homicide.
(b) Making another person shoot: A knows Z is hiding behind a bush. B does not know. A tells B to shoot, knowing Z might die. B shoots and Z dies. A is guilty of culpable homicide, even if B is not.
(c) Shooting to kill a bird but kills a person by mistake: A shoots to kill a bird but accidentally kills B who was hiding behind a bush. A didn’t know B was there. A is not guilty of culpable homicide because he didn’t intend or know death would happen.
Explanations under Section 299
Let us now understand the three explanations mentioned under this section:
Explanation 1: Weak or ill person – If a person has a disease or is weak, and someone know it but still injures him and that injury causes faster death than it normally would, The person who caused injury will be held responsible for death.
Explanation 2: Death can be prevented by treatment – If someone causes a serious injury which later causes death, even if death could have been avoided with good treatment, Still the person who caused injury is guilty of causing death.
Explanation 3: Death of child in mother’s womb – Causing the death of a child still in the womb is not homicide. But if the child has started to come out (even a little), and is killed at that point, then it can be culpable homicide.
Essential Elements of Section 299 (Culpable Homicide)
To apply Section 299 IPC, the following essential elements must be present:
- There must be a death – A person must have actually died because of the act.
- There must be an act by the accused – The person (accused) must have done something that caused the death.
- Intention or Knowledge must be there: – Either:
- The accused intended to cause death, or
- The accused intended to cause such bodily harm which is likely to cause death, or
- The accused knew that death is likely to happen due to his act.
If these three things are not present, then Section 299 will not apply.
Section 299 IPC helps in understanding when a death caused by a person is serious enough to be called culpable homicide. It focuses on the mental state of the person (intention or knowledge). The law treats people differently depending on whether the act was done deliberately or just happened by accident.
It is important to know the difference between culpable homicide and other forms of causing death, like murder, accident, or negligence, which are covered under different sections of IPC.
Understanding this law helps common people know when an act becomes a serious crime, even if death was not the actual goal.