Section 299: Culpable Homicide Not Amounting to Murder
Section 299 defines culpable homicide not amounting to murder:
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.
Essential Conditions Under Section 299
There are three conditions which attract S.299:
- There should be an intention to cause death or
- Causing such bodily injury which is likely to cause death or
- Causing death by action, which is in his knowledge likely to cause death
Key Elements of Culpable Homicide
| Element | Description |
|---|---|
| Intention to Cause Death | The accused performs an act with the direct intention of causing death. |
| Bodily Injury Likely to Cause Death | The act causes bodily injury which is likely to result in death. |
| Knowledge of Likely Death | The accused has knowledge that the act is likely to cause death. |
Illustrations of Culpable Homicide
Illustration One
A induces B to put out the fire at the place, having the knowledge that C was sitting behind a covered area. Here, A is liable for the offence of culpable homicide, as he had prior knowledge that C was present in that area and his actions would lead to C’s death. Here, intention makes C liable to culpable homicide.
Illustration Two
A knows Z to be behind a bush. A, intending to cause, or knowing it to be likely to cause, Z’s death, induces B to fire at the bus. B fires and kills Z. Here B may be guilty of an offence, but A has committed the offence of culpable homicide.
Illustration Three
Not knowing that D has a tumour in his brain, he hits him hard on the head with a cricket bat, with the intention of causing death or with the knowledge that death is likely to be caused. D dies because of the bursting of the tumour. A is liable for culpable homicide not amounting to murder.
Important Cases on Culpable Homicide
Reg. v. Govinda (1876)
In the case of Reg. v. Govinda, 1876, the accused had knocked down his wife, kept a knee on her chest and given two to three violent blows with the closed fist on her face. This act produced extraversion of blood in her brain, and afterwards, the wife died due to this. The act was not committed with the intention of causing death, and the bodily injury was not sufficient to cause death in the ordinary course of nature. The accused was liable to culpable homicide not amounting to murder.
Jalluddin Case (1982 Cr. L.J.)
In the case of Jalluddin (1982 CR. L.J.), an Ojha (tantric) had beaten a girl to remove her from the ill effects of ghosts; however, she died. Here, the Ojha was guilty of culpable homicide.
Kusa Majhi v. State of Orissa (1985 Cr. LJ 1460)
In the case of Kusa Majhi v. State of Orissa, 1985 Cr.LJ 1460, the deceased warned her son for not going fishing with others. The son got angry, brought an axe and gave blows on her shoulder, after which she died. The blows were in a fit of the moment and anger, and there was no pre-plan for the offence. Therefore, it was held to be a case of culpable homicide, as the blows were likely to cause bodily injury, which then caused death.
Nara Singh Challan v. State of Orissa (1997)
It was held in the case of Nara Singh Challan v. State of Orissa (1997) that Section 299 of the Indian Penal Code is the genus and Section 300 of the Indian Penal Code is the species. Hence, there are no independent sections regarding culpable homicide not amounting to murder; it is part of Section 300 of the IPC, which defines murder.
Degrees of Culpable Homicide
Thus, the court observed that “for deciding the proper punishment which is proportionate to the current offence, IPC has divided culpable homicide into three degrees. The first is the gravest form, which is murder; it is defined under Section 300 of IPC. The second is the culpable homicide of the second degree, which is punishable under Section 304, part 1 of IPC, and third is the lowest degree of culpable homicide, which is punishable under Section 304, part 2 of IPC.”
| Degree | Nature of Offence | Relevant Section |
|---|---|---|
| First Degree | Murder | Section 300 IPC |
| Second Degree | Culpable Homicide | Section 304 Part 1 IPC |
| Third Degree | Lowest Degree of Culpable Homicide | Section 304 Part 2 IPC |
Punishment for Culpable Homicide Not Amounting to Murder
Whoever commits culpable homicide not amounting to murder shall be punished with 104 [imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to a 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 a 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.
Exceptions When Culpable Homicide Does Not Amount to Murder
Under section 300 there are certain grounds when culpable homicide will not amount to murder. These exceptions are stated as follows:
- Grave and sudden provocation
- Exercise of private defence
- Power exercised by a public servant
- Sudden fight without premeditation
- Consent of a person above eighteen years
Culpable Homicide by Grave and Sudden Provocation
Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.
Key Points
- The provocation must be both grave and sudden.
- The offender must lose self-control.
- The death may be caused intentionally, by mistake, or by accident.
In Exercising Private Defence
Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the powers given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation and without any intention of doing more harm than is necessary for the purpose of such defence.
Key Points
- The act must be done in good faith.
- The offender must be exercising the right of private defence.
- There should be no premeditation.
- The harm caused should not be excessive beyond necessity.
Power Exercise by the Public Servant
Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill will towards the person whose death is caused.
Key Points
- The offender must be a public servant or assisting one.
- The act must be connected to public justice.
- The act must be done in good faith.
- There must be no ill-will towards the deceased person.
Culpable Homicide in a Sudden Fight
Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender’s having taken undue advantage or acted in a cruel or unusual manner.
Explanation
It is immaterial in such cases which party offers the provocation or commits the first assault.
Key Points
- The fight must be sudden.
- There should be no premeditation.
- The act must occur in the heat of passion.
- The offender must not take undue advantage.
- The offender must not act in a cruel or unusual manner.
Taking Risk by Any Person Above Eighteen Years
Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.
Key Points
- The person must be above eighteen years of age.
- The person must voluntarily consent.
- The person must knowingly take the risk of death.
Summary of Exceptions to Murder Under Section 300
| Exception | Main Requirement |
|---|---|
| Grave and Sudden Provocation | Loss of self-control due to sudden provocation |
| Private Defence | Exceeding defence powers in good faith |
| Public Servant Acting in Good Faith | Act done for public justice without ill-will |
| Sudden Fight | No premeditation and no cruel conduct |
| Consent Above Eighteen Years | Voluntary acceptance of risk of death |
