Introduction

Section 299 of the Indian Penal Code, 1860 is about culpable homicide. Before we move towards understanding culpable homicide, first let’s discuss homicide. The word homicide is made up of two words i.e. ‘homi’ and ‘cide’. ‘homi’ means man or human being and ‘cide’ means cutting or killing.

So, homicide is the killing of a human being. Now, the killing of a human being by another human being i.e. Homicide is not always punishable under IPC,1860, if it comes within the sections 76-106 chapter IV of IPC i.e. General exceptions.

Types of homicide

Homicide can be divided into two parts. First is justified or lawful homicide which comes under general exception (chapter iv) and second is unjustified/unlawful homicide which comes under sections 299,300, 304a & 304b, etc. Here we are concerned with unlawful or criminal homicide (i.e., homicides that are neither excused nor justified). All homicides are not culpable homicide but all culpable homicides are homicides. So we can here infer that homicide is the genus and culpable homicide is its species. That is the reason why ‘homicide’ a Latin term is called the generic term.

Culpable Homicide

As mentioned before culpable homicide is a type of unlawful homicide. Laws regarding culpable homicide are enshrined in the Indian Penal Code 1862 (IPC). According to which, there are two types of culpable homicides–

Conditions

After bifurcating the definition, we get 3 conditions which have to be fulfilled to attract Section 299 of the Indian Penal Code these are-

1. The intention of causing death.
2. The intention of causing such bodily injury as is likely to cause death.
3. With the knowledge that he is likely by such an act to cause death.

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.

Essentials of section 299

The essentials ingredients of section 299 culpable homicide are:

1. There must be the death of a person ;
2. The death should have been caused by the act of another person and

The act causing death should have been done with :

• The intention of causing death; or

• The intention of causing such bodily injury as is likely to cause death; or

• With the knowledge that such an act is likely to cause death.

Illustrations of section 299 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 believes the ground to be firm, treads on it fall in, and is killed. A has committed the offense of culpable homicide.

FAQs on Culpable Homicide under Section 299 of IPC

Read also:- IPC Section 283: Danger Or Obstruction In Public Way Or Line Of Navigation