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 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.
- 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’ 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.
- 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.
Explanations
- 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.
- 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.
- The causing of the death of a child in the mother’ womb is not homicide. But it may amount 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.
IPC Section 299: Simplified Explanation
IPC Section 299 defines the offence of culpable homicide, which is the act of causing death where the intention is not to cause death. Still, the actions carry a high risk of causing death or such bodily injury as is likely to cause death. This section serves as a foundation for distinguishing between different levels of criminal liability in cases of unlawful killing.
The key elements of culpable homicide under this section are:
- Intention: The person has the intention of causing death or bodily injury that is likely to cause death.
- Knowledge: The person knows that their act is expected to cause death.
Culpable homicide under this section is the base for more severe charges such as murder (Section 300) if additional criteria are met. It is crucial in determining the degree of criminal responsibility in cases where death results from risky or harmful actions.
Is IPC Section 299 Bailable?
The bailability of an offence under IPC Section 299 depends on how the case is classified and charged by law enforcement. Typically, offences involving culpable homicide are non-bailable due to the severity of the act and potential risk to society. However, the actual decision on bail would depend on judicial discretion after considering the case’s specifics.
IPC Section 299 Punishment
The Punishment for culpable homicide not amounting to murder (which directly follows from IPC Section 299) is addressed under IPC Section 304. Depending on whether the act is done with or without intent to cause death but with knowledge of likely consequences, the Punishment can range from imprisonment for life to imprisonment for up to ten years and may also include a fine.
Example of IPC Section 299
A real-life example of the application of IPC Section 299 occurred in a road rage incident in Delhi in 2018. In a fit of anger, a driver aggressively pushed another driver during an argument. The push led to the latter falling and hitting his head, which eventually caused death due to severe head injuries. The aggressor was charged under IPC Section 299 for culpable homicide, as his actions, though not intended to kill, were likely to cause death or serious injury. The case highlighted the importance of understanding how aggressive or harmful actions can lead to severe legal consequences under this section.
