Indian Penal Code,1860
Act No : 45
Section :
Culpable homicide.
299. Culpable homicide.--Whoever causes death by doing an actwith the intention of causing death, or with the intention of causingsuch bodily injury as is likely to cause death, or with the knowledgethat he is likely by such act to cause death, commits the offence ofculpable homicide. Illustrations (a) A lays sticks and turf over a pit, with the intention ofthereby causing death, or with the knowledge that death is likely tobe thereby caused. Z, believing the ground to be firm, treads on it,falls in and is killed. A has committed the offence of culpablehomicide. (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 beguilty of no offence; but A has committed the offence of culpablehomicide. (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 culpablehomicide, as he did not intend to kill B or to cause death by doingan act that he knew was likely to cause death. Explanation 1.-A person who causes bodily injury to another whois labouring under a disorder, disease or bodily infirmity, andthereby accelerates the death of that other, shall be deemed to havecaused his death. Explanation 2.-Where death is caused by bodily injury, the personwho causes such bodily injury shall be deemed to have caused thedeath, although by resorting to proper remedies and skilful treatmentthe death might have been prevented. Explanation 3.-The causing of the death of a child in themother's womb is not homicide. But it may amount to culpable homicideto cause the death of a living child, if any part of that child hasbeen brought forth, though the child may not have breathed or beencompletely born.
