Explore the intricacies of culpable homicide and the definitions outlined in sections 299 and 300 of the Indian Penal Code. Learn about the different categories of homicide, the ingredients of section 299, and the complexities surrounding causing death of a human being. Delve into the legal nuances of acts and intentions related to homicide cases.
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Section 299 and section300 Section299 define 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 Explanations 1,2,3 attached with this section are very relevant.[kindly note from bare act]
Homicide The word homicide derived from the latin term homo and cido. Homo means man and cido means I cut According to Walker homocide is generic term for the causing or accelerating the death of a human being by another human being. The homicide further can be divided in two category,firstly-murder, culpable homicide,and negligent homicide, secondly- justified or excusable homicide. In these two category-first category is criminal and the later is not.
Ingredients of section 299 Thus where a person intends death to be consequence of his act,then his intention or knowledge renders the act of homicide. . Causing death of a human being- causing death means direct or indirect killing but this killing in not too remote. The death may be caused by an act or omission. The idea of omission implies the presence of an opportunity to do an act which if omitted causes death. But it is important here that the omission which causes death is not punishable in every case; where there the duty casts and if it is disobeyed it amount to killing. death must be of a human being who was and whom the accused believed to be alive at the time of causing death.[palani gondan case].first illustration of section299 explains that even if the person whose death is caused is not the person particularly intended to kill, but is some other persons who was not intended to kill,still,however the accused izs guilty in this section.[public prosequtor Vs.suryanarayan murty] (1)- causing death of a human being (2)-by doing an act, (3)-with the intention of causing death, or (4)-with the intention of causing such bodily injury as is likely to cause death,or (5)-with the knowledge Besides above ingredients intention, knowledge are also important ingredients
The causing death of a child in the mother womb is not homicide, but it amount to culpable homicide if any part of that child has been brought forth, though the child may not have breathed or been completely born. A man denotes a male human being of any age and a women denotes a female human being of any age By doing an act-[section 32 and 43] are relevent here
