IPC Section 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.
Official Text
“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.”
Legal Analysis
Elements to Prove:
- The accused caused death by doing an act.
- The act was done with intention of causing death, or
- The act was done with intention of causing bodily injury likely to cause death, or
- The act was done with knowledge that it was likely to cause death.
Potential Defenses:
- The accused had no intention to cause death.
- The act was not likely to cause death.
- The accused had no knowledge of the likelihood of death.
- The accused was acting in self-defense or under legal authority.
Practical Examples
What Constitutes the Offense:
A person hitting someone with a heavy object knowing it could cause death, or administering poison with knowledge of its lethal effects.
What Doesn't Constitute:
A person accidentally causing death, or acting in self-defense without intent to kill.
Important Case Laws
K.M. Nanavati v. State of Maharashtra (1962)
The Supreme Court clarified the distinction between murder and culpable homicide not amounting to murder, emphasizing the importance of intention and knowledge.
Punishment
This is a definitional section. Punishment is provided in subsequent sections.
Related Information
Connected Sections:
This section defines culpable homicide. It is followed by Section 300 (Murder) and Section 304 (Punishment for culpable homicide not amounting to murder).
Procedural Aspects:
Prosecution requires careful analysis of intention and knowledge. The case is triable by a Court of Session.