This article has been written by Ms. Priyanka VK Nair a 2rd year LLB Student of Amity University Mumbai

Culpable homicide is a legal term that refers to the act of causing someone’s death, either intentionally or unintentionally, without the intention to cause death. It is considered a criminal offense, but it is generally considered less serious than murder.

Culpable homicide is an offense under the Indian Penal Code (IPC) that involves causing the death of another person without intending to do so but with recklessness or negligence. The IPC defines culpable homicide as a more severe form of the offense of causing death by negligence.

Under Section 299 of the IPC, culpable homicide is committed when a person causes the death of another person with the intention of causing death or with the knowledge that the act is likely to cause death. However, if the person causes the death without intending to do so, but with the knowledge that the act is likely to cause death or with reckless disregard for human life, then the offense is considered culpable homicide.

Culpable homicide can be categorized into two different forms: voluntary and involuntary. Voluntary culpable homicide occurs when a person causes the death of another with the intention of doing so or with knowledge that the act is likely to cause death. On the other hand, involuntary culpable homicide occurs when a person causes the death of another without intending to do so but with recklessness or negligence.

For example, if a person is driving a car under the influence of alcohol and causes an accident that leads to the death of another person, that person may be charged with culpable homicide. Similarly, if a person leaves a loaded gun lying around and a child picks it up and accidentally shoots themselves or someone else, the person who left the gun may be charged with culpable homicide.

The essentials of culpable homicide under this section are as follows:

The act must cause death: The first essential element of culpable homicide under the IPC is that the act of the accused must cause the death of another person.

Intention or knowledge: The accused must have either the intention to cause death or knowledge that their act is likely to cause death. This means that the accused must either have intended to cause death or known that their act is likely to cause death.

Absence of intention to cause death: The accused must not have the intention to cause death. If the accused had the intention to cause death, the offense would be classified as murder under the IPC.

Causing death in the heat of passion: If the accused caused death in the heat of passion, without premeditation or intention, and as a result of sudden and grave provocation, it would not be considered culpable homicide.

Punishment for culpable homicide :

The punishment for culpable homicide under Section 304 of the IPC varies depending on the circumstances surrounding the offence. The punishment can range from imprisonment for a term of 10 years to life imprisonment, along with a fine.

If the act which caused the death was done with the intention of causing death, but without premeditation and without any provocation from the person who was killed, the offender can be punished with imprisonment for a term which may extend to life imprisonment, or for a term of 10 years along with a fine.

If the act was done with the knowledge that it was likely to cause death, but without any intention to cause death, the offender can be punished with imprisonment for a term which may extend to 10 years, along with a fine.

If the act was done with the intention of causing bodily injury, but the injury caused was not sufficient to cause death, the offender can be punished with imprisonment for a term which may extend to 10 years, along with a fine.

In cases where the death was caused by negligence or rashness, the offender can be punished with imprisonment for a term which may extend to 2 years, or with a fine, or with both. However, if the act was done with gross negligence, the offender can be punished with imprisonment for a term which may extend to 10 years, along with a fine.

Landmark cases on culpable homicide 

K.M. Nanavati vs. State of Maharashtra (1962): This case is considered a landmark as it dealt with the issue of jury trials in India. K.M. Nanavati was tried for the murder of his wife’s lover and was initially acquitted by a jury. However, the verdict was overturned by the Bombay High Court, and the case eventually reached the Supreme Court, which upheld the conviction and sentenced Nanavati to life imprisonment for culpable homicide.

State of Punjab vs. Sardul Singh (1995): In this case, the Supreme Court held that the burden of proof lies on the prosecution to establish that the accused had the intention to cause death or had knowledge that the act would cause death. The court also clarified that if the intention was to cause bodily injury, and the death was not a likely result of the act, the offence would be culpable homicide and not murder.

Ratan Lal vs. State of Madhya Pradesh (1978): This case dealt with the issue of whether a person could be convicted of culpable homicide if he had only the knowledge that his act was likely to cause death, and not the intention to cause death. The Supreme Court held that culpable homicide could be established even if the accused had only the knowledge that the act was likely to cause death.

State of Rajasthan vs. Nathu (1998): In this case, the Supreme Court held that if a person commits an act with the intention of causing bodily injury, and the injury caused results in death, the offence would be culpable homicide and not murder.

In conclusion, culpable homicide is a serious offense that involves causing the death of another person without intending to do so but with recklessness or negligence. It is important to exercise caution and take responsibility for one’s actions to avoid such an offense.

Reference 

• • https://blog.ipleaders.in/difference-between-culpable-homicide-and-murder/
  • section 299  :  https://indiankanoon.org/doc/305371/
  • https://www.legalserviceindia.com/legal/article-8760-an-analysis-of-culpable-homicide-and-murder.html
  • K.M. Nanavati vs. State of Maharashtra (1962) 1962 AIR 605
  • State of Punjab vs. Sardul Singh (1995) AIR 1994 SC 672

• Ratan Lal vs. State of Madhya Pradesh (1978) 1971 AIR 778

• State of Rajasthan vs. Nathu (1998) https://indiankanoon.org/doc/1159249/ 

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