Section 299 of Indian Penal Code with Case laws

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.

Illustrations
(a) 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 believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.

(b) A knows Z to be behind a bush. B does not know it A, intending to cause, or knowing it to be likely to cause Z�s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.

(c) A, by shooting at a fowl with intent to kill and steal it, kills B who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death.

Explanation 1. - A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.

Explanation 2. - Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented.

Explanation 3. - The causing of the death of child in the mother�s womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.

299 IPC Case Laws (Supreme Court and High Courts)

Ghufar (1887) P.R No. 62 of 1887

Rama AIR 1969 Goa 116

Ballan 1955 Cr. L. J. 1448

Mohammed Hossein, (1864) WR (Cr) 31

Nga Min Po, (1900) 1 UBR 1897-1901 288

King v. Aung Nywn AIR 1940 Rang. 259

Sumer Singh (1941) O.W.N. 791

Naga Po Nyein AIR 1933 Rang 338

Gabbar Pandey (1927) 7 Pat. 638

Harman (1921) 22 Cr. L.J. 726

Mansel Pleydell AIR 1926 Lah 313

Jamaludin (1892) Unrep Cr. C. 603

Kangla (1898) 18 A.W.N. 163

Ketabdi Mundul (1879) 4 Cal. 764

Laxman Kalu (1968) 71 Bom. L.R. 244 (SC)

Ganesh Dooley (1879) 5 Cal. 351 and Poonai Fatemah (1869) 12 WR (cr) 7

Mst. Tulsa ILR 20 All 143

Sreenarayan (1947) 27 Pat. 67

Palani Goundan (1919) 42 Mad 547

Bai Jiba (1917) 19 Bom LR 823

Mana (1930) 32 Bom LR 1143

Abrahim Sheikh AIR 1964 SC 1263

Chaturnath (1919) 21 Bom LR 1101

Fox (1879) 2 All 522

Punchunun Tantee (1866) 5 WR (Cr) 97

Idu Beg (18810 3 All. 776

Megha Meeah (1865) 2 WR (Cr.) 39

Kusa Majhi v. State of Orissa 1985 Cr. L.J. 1460

Munnilal AIR 1943 All 853

Ramesh Kumar V. State of Bihar 1993 Cri L.J. 3137 (SC)

Ismail (1917) 19 Cr. L.J. 319: AIR 1918 SC 560

Krishnaswami AIR 1965 Mad. 261

Sah Pai (1936) 14 Rang. 643

Mc Intyre (1847) 2 Cox. 379

Sobha (1935) 11 Luck 401

Davis (1883) 15 Cox 174