IPC Section 299 and BNS Section 100: Culpable Homicide Explained

IPC Section 299: Definition of culpable homicide

The original provision 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.

BNS Section 100 carries forward this definition under the new criminal law framework that generally commenced on 1 July 2024. The offence requires proof that the accused caused death and possessed at least one of the three specified mental states. The relevant law for an alleged act depends on its date and applicable savings provisions.

Essential ingredients

1. A human death was caused by an act attributable to the accused.
2. The accused intended to cause death; or intended bodily injury likely to cause death; or knew that the act was likely to cause death.
3. The required causal connection and mental state are established by admissible evidence.

Intention concerns the intended result; knowledge concerns awareness of the likelihood of death. Mere proof that death occurred is not enough to establish culpable homicide.

Statutory illustrations under IPC 299 and BNS 100

Illustration (a): Concealed pit

A covers a pit with sticks and turf, intending to cause death or knowing death is likely. Z believes the ground is firm, falls into the pit and dies. A commits culpable homicide.

Illustration (b): Inducing another to shoot

A knows that Z is behind a bush, while B does not. A intentionally induces B to fire at the bush, intending or knowing that Z is likely to die. B fires and kills Z. B may be innocent, but A commits culpable homicide.

Illustration (c): Unforeseen person behind bush

A fires at a bird to kill and steal it, accidentally killing B, who is hidden behind a bush. A does not know B is there and neither intends death nor knows death is likely from the act. Although A was committing an unlawful act, these facts do not establish culpable homicide.

Three statutory explanations

Explanation 1: Accelerating an existing illness

When a person causes bodily injury to another who has a disorder, disease or bodily infirmity and thereby accelerates that person's death, the person causing the injury is deemed to have caused the death. An existing vulnerability does not automatically break causation.

Explanation 2: Death preventable by treatment

A person causing a fatal bodily injury is deemed to have caused the death even if proper remedies and skilful medical treatment could have prevented it. The hypothetical availability of better treatment does not, by itself, eliminate responsibility.

Explanation 3: Child in the womb or partly born

Causing the death of a child in the mother's womb is not homicide under this provision. However, causing the death of a living child may constitute culpable homicide if any part of the child has been brought forth, even though the child has not breathed or been completely born. Other statutory provisions may apply to harm caused during pregnancy.

Culpable homicide versus murder

All murder is culpable homicide, but not all culpable homicide is murder. The definition of culpable homicide is found in BNS Section 100, while Section 101 specifies when culpable homicide constitutes murder and provides statutory exceptions. Those exceptions and the precise mental state can determine the appropriate charge.

Whether an act falls under murder or culpable homicide not amounting to murder depends on the facts, medical evidence, the nature of the injury, surrounding circumstances and applicable judicial principles.

Punishment and criminal procedure

BNS Section 105: Where culpable homicide does not amount to murder, punishment depends on the applicable limb. For cases involving intention to cause death or bodily injury likely to cause death, the provision prescribes imprisonment for life or imprisonment for a term of not less than five years but which may extend to ten years, and fine. For cases involving knowledge that death was likely, but without the specified intention, imprisonment may extend to ten years and fine. The statutory text should be consulted for the precise applicable limb.

BNS Section 103: Murder is punishable with death or imprisonment for life, and fine, subject to the governing statute and sentencing principles.

Offences under BNS Sections 103 and 105 are classified in the BNSS First Schedule as cognizable, non-bailable and triable by a Court of Session. Bail is subject to the applicable legal provisions; non-bailable does not mean that bail is invariably prohibited.

Important: BNS Section 100 is a definition, not a standalone punishment provision. Avoid stating that every case of culpable homicide has one fixed sentence.

IPC Section 299: Historical case law citations

The following citations were listed in the original webpage and are retained for research continuity. Their names, dates, citations and legal propositions have not been independently verified. Some may contain typographical errors or refer to historical courts. Check the original judgment and authoritative reporting before citing any case in court.

1. Ghufar (1887) P.R No. 62 of 1887
2. Rama AIR 1969 Goa 116
3. Ballan 1955 Cr. L. J. 1448
4. Mohammed Hossein, (1864) WR (Cr) 31
5. Nga Min Po, (1900) 1 UBR 1897-1901 288
6. King v. Aung Nywn AIR 1940 Rang. 259
7. Sumer Singh (1941) O.W.N. 791
8. Naga Po Nyein AIR 1933 Rang 338
9. Gabbar Pandey (1927) 7 Pat. 638
10. Harman (1921) 22 Cr. L.J. 726
11. Mansel Pleydell AIR 1926 Lah 313
12. Jamaludin (1892) Unrep Cr. C. 603
13. Kangla (1898) 18 A.W.N. 163
14. Ketabdi Mundul (1879) 4 Cal. 764
15. Laxman Kalu (1968) 71 Bom. L.R. 244 (SC)
16. Ganesh Dooley (1879) 5 Cal. 351 and Poonai Fatemah (1869) 12 WR (cr) 7
17. Mst. Tulsa ILR 20 All 143
18. Sreenarayan (1947) 27 Pat. 67
19. Palani Goundan (1919) 42 Mad 547
20. Bai Jiba (1917) 19 Bom LR 823
21. Mana (1930) 32 Bom LR 1143
22. Abrahim Sheikh AIR 1964 SC 1263
23. Chaturnath (1919) 21 Bom LR 1101
24. Fox (1879) 2 All 522
25. Punchunun Tantee (1866) 5 WR (Cr) 97
26. Idu Beg (18810 3 All. 776
27. Megha Meeah (1865) 2 WR (Cr.) 39
28. Kusa Majhi v. State of Orissa 1985 Cr. L.J. 1460
29. Munnilal AIR 1943 All 853
30. Ramesh Kumar V. State of Bihar 1993 Cri L.J. 3137 (SC)
31. Ismail (1917) 19 Cr. L.J. 319: AIR 1918 SC 560
32. Krishnaswami AIR 1965 Mad. 261
33. Sah Pai (1936) 14 Rang. 643
34. Mc Intyre (1847) 2 Cox. 379
35. Sobha (1935) 11 Luck 401
36. Davis (1883) 15 Cox 174

For additional internal research see IPC case law and judgments.

Frequently asked questions

Official statutory sources

• India Code - official Central Acts repository
• Bharatiya Nyaya Sanhita, 2023 - Government PDF
• NCRB - BNS chapter reference
• NCRB - BNSS First Schedule

This article is for general legal information, not case-specific legal advice. Confirm statutory amendments, the date of the alleged act, and binding judgments before relying on it.