IPC Section 301 - Culpable Homicide by Causing Death of Person Other than Person Whose Death was Intended

If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.

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Depends on the specific offense charged

Official Text

“If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.”

Legal Analysis

Elements to Prove:

  • The accused intended or knew an act was likely to cause death.
  • The act caused death of a person.
  • The death was of a person other than intended.
  • The accused neither intended nor knew the death of the actual victim was likely.

Potential Defenses:

  • The accused had no intention to cause death.
  • The accused had no knowledge that death was likely.
  • The death was of the intended victim.
  • The accused was acting under legal authority.

Practical Examples

What Constitutes the Offense:

A person intending to kill A but accidentally killing B, or throwing a bomb at one person but killing a bystander.

What Doesn't Constitute:

A person accidentally causing death without any intention to kill anyone.

Important Case Laws

K.M. Nanavati v. State of Maharashtra (1962)

The Supreme Court applied this section in cases where the accused intended to kill one person but accidentally killed another.

Punishment

This is a definitional section. Punishment depends on whether it amounts to murder or culpable homicide not amounting to murder.

Related Information

Connected Sections:

This section deals with transferred malice in homicide cases. It applies the same legal principles regardless of who actually dies.

Procedural Aspects:

Prosecution requires proof of intention or knowledge regarding the intended victim. The case is triable by a Court of Session.

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