Culpable homicide is one of the hinnies offences which was given in IPC section 299.
∴ Culpable Homicide is the wat of the illegal killing of the person with intention or without the intention of a person who killed. It’s depending upon how the jurisdiction defined it.
→ Culpable Homicide is one of the most hinnies acts of which there is the illegal killing of the person by sudden provocation, grave etc.
Culpable Homicide according to the Indian Penal Code,
Learning Outcomes
Section 299 of the Indian Penal Code deals with Culpable homicide,
Whoever
⇓
causes death by doing an act
⇓
→with the intention of causing death,
→with the intention of causing such bodily injury as is likely to cause death
⇓
with the knowledge that he is likely by such act to cause death
⇓
commits the offence of culpable homicide
So Here, Section 299 of the Indian Penal Code implies that Intention is the main aspect of Culpable Homicide.
Let’s see the essential Elements of the Culpable Homicide
| Whoever causes the death |
| By doing an act |
| Intention to cause death |
| With the intention of causing such bodily injury as is likely to cause de |
| With the knowledge that he is likely by such an act to cause death |
In an easy way, if there is
→no pre-plan
→ no guilty mind
→ But had knowledge of the such act
all these are included in the Culpable homicide.
In Homicide, there is no intention or guilty mind So further see some illustration.
Illustration
Rakesh lays sticks and turf over a pit. he had the intention of causing death or with the knowledge that death is likely to be caused. Ramesh believing the ground to be firm treads on it falls in it and dies. Here Rakesh has committed culpable homicide.
Case law
Kusa Majhi v State of Orissa 1985 Cr. L.j 1460
• This case law is the best example for the perfect understanding.
- The deceased praises his own son for not fishing with fellow villagers. so son brought an axe and dealt with the blows on her shoulder and she died.
- In this case, there was no pre-plan for the offence.
- Accused blows on the shoulder not any sensitive parts like neck or head or breast. The son dealt blows likely to cause bodily injuries which have likely caused the death of the person. she died. so here is liable for the culpable homicide.
- According to this case, the intention is an essential element for the Culpable homicide not amounting to the murder.
→ There is the presence of the intention so it was considered as the Murder. There is the absence of the intention considered as the Culpable.
Case Law 2: Ganesh Dooley Tulsa I.L.R 20 All. 143
In this case, one snack charmer exhibited his show in Public. Snack charmer does show with a venomous snack. He placed a snack on one person’s head for showing his skill.
- This person is trying to push off the snack. snack bit him and he died.
So, Snack charmer is liable for the culpable homicide which does not amount to murder.
Case law 3:Reg. v. Govinda ( 1877) ILR 1Bom 342),
- In this case, the accused is the husband who knocked his wife. He kept a knee on her chest also gave two to three violent blows with the closed to her face.
By this act produced too much blood from her body. she was died due to this injury.
• Here, Husband had no intention of the murder, But the cause of this injuries she suddenly died.
Conclusion
⇔ Is one of the hinnies crimes given into the Indian Penal Code.
- Mainly intention is the main aspect that decided that illegal killing of the person consider as Homicide or Murder.
- We hope that our article helps to enhance your knowledge about this topic.
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