Hello,
Culpable Homicide falls under section 299 of the Indian Penal Code, 1860 and states that “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”.
Essential:
- Causing of death of a human being.
- Such death must have been caused by an act
i. With the intention of causing death; or
ii. With the intention of causing such bodily injury as is likely to cause death; or.
iii. With the knowledge that the doer is likely by such an act to cause death.
The fact that the death of a human being is caused is not enough. Unless one of the mental states mentioned in ingredient is present, an act causing death cannot amount to Culpable Homicide. Thus where a constable who had loaded but defective gun with him wanted to arrest an accused who was going on a bullock cart by climbing on the cart and there was a scuffle between him and the accused and in course of which the gun went off and killed the constable, it was held that accused could not be held guilty of Culpable Homicide.
Jayraj v. State of Tamil Nadu (AIR 1976 SC 1519):
"Intent" and "knowledge" as the ingredients if section 299 postulates the existence if a positive mental attitude and his mental condition is the special mens rea necessary for the offence. The knowledge of the third condition contemplates knowledge of the likelihood of the death of the person.
Circumstances for causing Culpable Homicide:
- Causes Death: In order to hold a person liable under the impugned Section there must be causing of death of a human being.
- By Doing An Act with The Intention of Causing Death: Doing of an act includes death caused by illegal omission along with actions with the intent to cause death.
- With The Intention Of Causing Such Bodily Injury as is likely to cause death: The word ‘intention’ in clause (a) to Section 299, I.P.C has been used in its ordinary sense, i.e., volitional act done without being able to foresee the consequence with certitude. The connection between the ‘act’ and the death caused thereby must be direct and distinct; and though not immediate it must not be too remote.
- With the knowledge that he is likely by such act to cause death: ‘Knowledge’ is a strong word and imports certainty and not merely a probability. If the death is caused under circumstances specified under Section 80, the person causing the death will be exonerated under that Section. In simple words, the person causing death should have the knowledge that his actions have the capability of causing death. For instance, if a person fires a gun in crowd and a person dies, the latter cannot take the defense that he had no knowledge that the bullet would go and hit a person. Knowledge here implies that when firing the gun, any reasonable prudent man would know that this can likely cause a person’s death.
- Death Caused of Person Other Than Intended: To attract the provisions of this Section it suffices if the death of a human being is caused whether the person was intended to be killed or not.
- Death Caused Inadvertently without Intention While Doing an Unlawful Act: It has been clearly stated in I.P.C that a person will not be liable for Culpable Homicide, if he causes the death of a person while doing an unlawful act, provided he did not intend to kill or cause death by doing an act that he knew was likely to have that effect. For instance, if a person goes for hunting, and after hearing rustling behind the bushes he shoots in the bushes only to later realize that it wasn’t an animal but a human being. This wont amount to culpable homicide as there is a lack of intention.
- Consent cannot be taken as a defense for culpable homicide
Hope this answers your question!
Regards
Palak Singh
