Section Overview
Section Number:
IPC Section 299
Section Title:
Culpable Homicide
Act:
Indian Penal Code, 1860 (IPC)
Status:
Partially replaced conceptually under Bharatiya Nyaya Sanhita (BNS), 2023, with homicide provisions retained in restructured form.
Applicability:
IPC Section 299 applies when:
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A person causes death of another person;
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The act is done with intention to cause death; OR
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With intention to cause bodily injury likely to cause death; OR
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With knowledge that the act is likely to cause death.
It is the foundational provision for homicide offences in IPC.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 299 ka simple matlab hai ki agar koi vyakti kisi aur insaan ki maut cause karta hai:
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jaanbujhkar (intention), ya
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aisi injury dekar jo maut la sakti hai, ya
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aisa kaam karke jisme maut hone ka risk pata ho,
to use “culpable homicide” kehte hain.
Simple words mein:
"Agar kisi ki death jaanbujhkar ya dangerous act se hoti hai, to woh culpable homicide hai."
Legal Definition (Original Law Text)
IPC Section 299 states:
“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.”
Practical Interpretation
Courts analyze three key mental elements:
Intention to Cause Death
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Direct intention to kill a person.
Intention to Cause Bodily Injury
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Injury is inflicted knowing it is likely to cause death.
Knowledge of Likely Death
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Even without intention, awareness that act may cause death is enough.
Key Distinction
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Not every death is murder.
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Some deaths fall under culpable homicide not amounting to murder (Section 304).
Importance of Section 299
IPC Section 299 is crucial because:
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It forms base of homicide law;
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It separates accidental death from criminal homicide;
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It distinguishes murder vs culpable homicide;
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It ensures proper criminal liability.
Punishment & Legal Classification
⚠️ Important Note: Section 299 defines offence; punishment is given under Section 304.
Punishment (Linked Section 304):
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Imprisonment for life OR
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Up to 10 years + fine (depending on severity)
Bailable / Non-Bailable
Non-bailable (generally, depends on case severity)
Cognizable / Non-Cognizable
Cognizable
Compoundable
Non-compoundable
Triable By
Sessions Court
IPC ↔ BNS Mapping
IPC Section:
IPC Section 299
BNS Equivalent:
Culpable homicide provisions retained under Bharatiya Nyaya Sanhita with restructuring of homicide and murder classification.
Status:
Concept continued with updated classification structure.
Real-Life Examples
Example 1: Intentional Killing
A person stabs another with intention to kill.
→ Culpable homicide under Section 299.
Example 2: Dangerous Assault
A person hits another on the head knowing it may cause death.
→ Section 299 applies.
Example 3: Knowledge-Based Act
A person throws a heavy object from a height knowing it may kill someone below.
→ Culpable homicide established.
Landmark Judgments
Case Name:
Reg v. Govinda (1876)
Court:
Bombay High Court
Key Takeaway:
Distinction between culpable homicide and murder depends on degree of intention and knowledge.
Case Name:
Virsa Singh v. State of Punjab
Court:
Supreme Court of India
Key Takeaway:
Clarified ingredients of culpable homicide and when it escalates to murder.
Case Name:
K.M. Nanavati v. State of Maharashtra
Court:
Supreme Court of India
Key Takeaway:
Intention and provocation play major roles in homicide classification.
Legal Insights
When Is This Section Applied?
Section 299 applies when:
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Death is caused by human act;
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Intention or knowledge is present;
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It is not a pure accident.
Common Misuse Scenarios
Accident Misinterpreted as Crime
Unintentional deaths wrongly treated as homicide.
Lack of Intention Ignored
Distinguishing murder vs culpable homicide confusion.
Medical Negligence Cases
Sometimes wrongly framed under Section 299.
Defenses Available
Accident
No intention or knowledge of causing death.
Lack of Knowledge
Act was not likely to cause death.
Self-Defence
Act was done under lawful self-defence.
No Causation
Death not directly linked to accused’s act.