Culpable Homicide(Section 299 of IPC)
Meaning of homicide
Homicide in layman’s term means the killing of one human being by another .it is the highest order of bodily injury that can be inflicted on a human body. Homicide can be classified into two types –
- Lawful Homicide
- Unlawful Homicide
- Lawful Homicide:- In case of lawful homicide , the culprit will be set free .
- Unlawful Homicide:-If death is caused with intention or knowledge to cause death, then homicide is classified as unlawful homicide. These cases are Culpable homicide Under Section 299 of the Indian Penal Code and Murder under Section 300 of I.P.C.
Culpable homicide
Section 299 of the Indian Penal Code says that, 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.
Essential Elements of Culpable Homicide :
To invoke Section 299 of the Indian Penal Code following Conditions are to be satisfied.
- There must be a death of a Person
- The death must have been caused by an act of an act of another person;
- The act of causing death must be :
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- with the intention of causing death,
- with the intention of causing such bodily injury as is likely to cause death, or
- with the knowledge that such act is likely to cause death.
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.
