Indian Penal Code 299


Indian Penal Code Section 299:

Whoever causes death by committing an act with the intention of causing death, with 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, commits the crime of culpable homicide. Illustrations
A lays twigs and vegetation over a pit with the intent to cause death or with knowledge that death will likely result. Z, believing the earth to be stable, steps on it, collapses, and is subsequently killed. A is guilty of the crime of negligent homicide.
A is aware that Z is hiding behind a shrub. B is unaware of it A induces B to shoot at the shrub, intending or knowing that it will likely result in Z’s demise. B shoots Z and murders him. Here, B may be innocent, but A has committed the crime of negligent homicide.

A shoots at a bird with the intent to kill and take it, unknowingly killing B who was hiding behind a shrub. Even though A was committing an illegal act, he was not guilty of culpable homicide because he did not intend to murder B or cause death by performing an act that he knew was likely to result in death. Explanation 1. A person is considered to have caused another’s death if he causes him bodily harm while he is suffering from a disorder, disease, or bodily infirmity, and thereby accelerates his death. Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury shall be presumed to have caused the death, even if the death could have been prevented by using appropriate remedies and skilled treatment. Explanation 3: It is not homicide to cause the murder of a fetus in the pregnancy. However, it may constitute negligent homicide to cause the death of a living child if any part of that child has been delivered, even if the child has not yet inhaled or been born in its entirety.


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