IPC
- Indian Penal Code
CHAPTER XVI : OF OFFENCES AFFECTING
THE HUMAN BODY
Of
Offences affecting Life
299. 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.
Illustrations
(a) A lays sticks and
turf over a pit, with the intention of thereby causing death, or with
the knowledge that death is likely to be thereby caused. Z believing the
ground to be firm, treads on it, falls in and is killed. A has committed
the offence of culpable homicide.
(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 be guilty of no offence; but A has committed the offence
of culpable homicide.
(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 culpable homicide, as he did not intend to kill
B, or to cause death by doing an act that he knew was likely to cause
death.
Explanation 1- A person
who causes bodily injury to another who is labouring under a disorder,
disease or bodily infirmity, and thereby accelerates the death of that
other, shall be deemed to have caused his death.
Explanation 2- Where
death is caused by bodily injury, the person who causes such bodily injury
shall be deemed to have caused the death, although by resorting to proper
remedies and skilful treatment the death might have been prevented.
Explanation
3- The causing. of the death of child in the mother's womb is not homicide.
But it may amount to culpable homicide to cause the death of a living
child, if any part of that child has been brought forth, though the child
may not have breathed or been completely born.
300. Murder
Except
in the cases hereinafter excepted, culpable homicide is murder, if the
act by which the death is caused is done with the intention of causing
death, or-
Secondly- If it is done
with the intention of causing such bodily injury as the offender knows
to be likely to cause the death of the person to whom the harm is caused,
or-
Thirdly- If it is done
with the intention of causing bodily injury to any person and the bodily
injury intended to be inflicted is sufficient in the ordinary course of
nature to cause death, or-
Fourthly- If the person
committing the act knows that it is so imminently dangerous that it must,
in all probability, cause death or such bodily injury as is likely to
cause death, and commits such act without any excuse for incurring the
risk of causing death or such injury as aforesaid.
Illustrations
(a) A shoots Z with the
intention of killing him. Z dies in consequence. A commits murder.
(b) A, knowing that Z
is labouring under such a disease that a blow is likely to cause his death,
strikes him with the intention of causing bodily injury. Z dies in consequence
of the blow. A is guilty of murder, although the blow might not have been
sufficient in the ordinary course of nature to cause the death of a person
in a sound state of health. But if A, not knowing that Z is labouring
under any disease, gives him such a blow as would not in the ordinary
course of nature kill a person in a sound state of health, here A, although
he may intend to cause bodily injury, is not guilty of murder, if he did
not intend to cause death, or such bodily injury as in the ordinary course
of nature would cause death.
(c) A intentionally gives
Z a sword-cut or club-wound sufficient to cause the death of a man in
the ordinary course of nature. Z dies in consequence. Here, A is guilty
of murder, although he may not have intended to cause Z's death.
(d) A without any excuse
fires a loaded cannon into a crowd of persons and kills one of them. A
is guilty of murder, although he may not have had a premeditated design
to kill any particular individual.
Exception 1- When culpable
homicide is not murder- Culpable homicide is not murder if the offender,
whilst deprived of the power of self-control by grave and sudden provocation,
causes the death of the person who gave the provocation or causes the
death of any other person by mistake or accident.
The above exception is
subject to the following provisos:-
First- That the provocation
is not sought or voluntarily provoked by the offender as an excuse for
killing. or doing harm to any person.
Secondly- That the provocation
is not given by anything done in obedience to the law, or by a public
servant in the lawful exercise of the powers of such public servant.
Thirdly- That the provocation
is not given by anything done in the lawful exercise of the right of private
defence.
Explanation- Whether
the provocation was grave and sudden enough to prevent the offence from
amounting to murder is a question of fact.
Illustrations
(a) A, under the influence
of passion excited by a provocation given by Z, intentionally kills. Y,
Z's child. This is murder, in as much as the provocation was not given
by the child, and the death of the child was not caused by accident or
misfortune in doing an act caused by the provocation.
(b) Y gives grave and
sudden provocation to A. A, on this provocation, fires a pistol at Y,
neither intending nor knowing himself to be likely to kill Z, who is near
him, but out of sight. A kills Z. Here A has not committed murder, but
merely culpable homicide.
(c) A is lawfully arrested
by Z, a bailiff. A is excited to sudden and violent passion by the arrest,
and kills Z. This is murder, in as much as the provocation was given by
a thing done by a public servant in the exercise of his powers.
(d) A appears as witness
before Z, a Magistrate, Z says that he does not believe a word of A's
deposition, and that A has perjured himself. A is moved to sudden passion
by these words, and kills Z. This is murder.
(e) A attempts to pull
Z's nose, Z, in the exercise of the right of private defence, lays hold
of A to prevent him from doing so. A is moved to sudden and violent passion
in consequence, and kills Z. This is murder, in as much as the provocation
was given by a thing done in the exercise of the right of private defence.
(f) Z strikes B. B is
by this provocation excited to violent rage. A, a bystander, intending
to take advantage of B's rage, and to cause him to kill Z, puts a knife
into B's hand for that purpose. B kills Z with the knife. Here B may have
committed only culpable homicide, but A is guilty of murder.
Exception 2- Culpable
homicide is not murder if the offender, in the exercise in good faith
of the right of private defence of person or property, exceeds the power
given to him by law and causes the death of the person against whom he
is exercising such right of defence without premeditation, and without
any intention of doing more harm than is necessary for the purpose of
such defence.
Illustration
Z attempts to horsewhip
A, not in such a manner as to cause grievous hurt to A. A draws out a
pistol. Z persists in the assault. A believing in good faith that he can
by no other means prevent himself from being horsewhipped, shoots Z dead.
A has not committed murder, but only culpable homicide.
Exception 3- Culpable
homicide is not murder if the offender, being a public servant or aiding.
a public servant acting for the advancement of public justice, exceeds
the powers given to him by law, and causes death by doing an act which
he, in good faith, believes to be lawful and necessary for the due discharge
of his duty as such public servant and without ill-will towards the person
whose death is caused.
Exception 4- Culpable
homicide is not murder if it is committed without premeditation in a sudden
fight in the heat of passion upon a sudden quarrel and without the offender
having taken undue advantage or acted in a cruel or unusual manner.
Explanation- It is immaterial
in such cases which party offers the provocation or commits the first
assault.
Exception 5- Culpable
homicide is not murder when the person whose death is caused, being above
the age of eighteen years, suffers death or takes the risk of death with
his own consent.
Illustration
A, by
instigation, voluntarily causes, Z, a person under eighteen years of age
to commit suicide. Here, on account of Z's youth, he was incapable of
giving consent to his own death; A has therefore abetted murder.
301. Culpable homicide by causing death of person other than
person whose death was intended
If a person,
by doing anything which he intends or knows to be likely to cause death,
commits culpable homicide by causing the death of any person, whose death
he neither intends nor knows himself to be likely to cause, the culpable
homicide committed by the offender is of the description of which it would
have been if he had caused the death of the person whose death he intended
or knew himself to be likely to cause.
302. Punishment for murder
Whoever
commits murder shall be punished with death, or 104[imprisonment for life],
and shall also be liable to fine.
303. Punishment for murder by life-convict
Whoever,
being under sentence of 104[imprisonment for life], commits murder, shall
be punished with death.
304. Punishment for culpable homicide not amounting to murder
Whoever
commits culpable homicide not amounting to murder shall be punished with
104[imprisonment for life], or imprisonment of either description for
a term which may extend to ten years, and shall also be liable to fine,
if the act by which the death is caused is done with the intention of
causing death, or of causing such bodily injury as is likely to cause
death,
or with
imprisonment of either description for a term which may extend to ten
years, or with fine, or with both, if the act is done with the knowledge
that it is likely to cause death, but without any intention to cause death,
or to cause such bodily injury as is likely to cause death.
120[304A. Causing death by negligence
Whoever
causes the death of any person by doing any rash or negligent act not
amounting to culpable homicide, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine,
or with both.]
149[304B. Dowry death
(1) Where
the death of a woman is caused by any burns or bodily injury or occurs
otherwise than under normal circumstances within seven years of her marriage
and it is shown that soon before her death she was subjected to cruelty
or harassment by her husband or any relative of her husband for, or in
connection with, any demand for dowry, such death shall be called "dowry
death", and such husband or relative shall be deemed to have caused
her death.
Explanation- For the
purpose of this sub-section, "dowry" shall have the same meaning.
as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever
commits dowry death shall be punished with imprisonment for a term which
shall not be less than seven years but which may extend to imprisonment
for life.]
305. Abetment of suicide of child or insane person
If any
person under eighteen years of age, any insane person, any delirious person,
any idiot, or any person in a state of intoxication, commits suicide,
whoever abets the commission of such suicide, shall be punished with death
or 104[imprisonment for life], or imprisonment for a term not exceeding
ten years, and shall also be liable to fine.
306. Abetment of suicide
If any
person commits suicide, whoever abets the commission of such suicide,
shall be punished with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
307. Attempt to murder
Whoever
does any act with such intention or knowledge, and under such circumstances
that, if he by that act caused death, he would be guilty or murder, shall
be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine; and if hurt is
caused to any person by such act, the offender shall be liable either
to 104[imprisonment for life], or to such punishment as is here in before
mentioned.
Attempts by life convicts-
120[When any person offending under this section is under sentence of
104[imprisonment for life], he may, if hurt is caused, be punished with
death.]
Illustrations
(a) A shoots at Z with
intention to kill him, under such circumstances that, if death ensued.
A would be guilty of murder. A is liable to punishment under this section.
(b) A, with the intention
of causing the death of a child of tender years, exposes it in a desert
place. A has committed the offence defined by this section, though the
death of the child does not ensure.
(c) A, intending to murder
Z, buys a gun and loads it. A has not yet committed the offence. A fires
the gun at Z. He has committed the offence defined in this section, and
if by such firing, he wounds Z, he is liable to the punishment provided
by the latter part of 150[the first paragraph of] this section.
(d) A,
intending to murder Z by poison, purchases poison and mixes the same with
food which remains in A's keeping; A has not yet committed the offence
defined in this section. A places the food on Z's table or delivers it
to Z's servant to place it on Z's table. A has committed the offence defined
in this section.
308. Attempt to commit culpable homicide
Whoever
does any act with such intention or knowledge and under such circumstances
that, if he by that act caused death, he would be guilty of culpable homicide
not amounting to murder, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine,
or with both; and, if hurt is caused to any person by such act, shall
be punished with imprisonment of either description for a term which may
extend to seven years, or with fine, or with both.
Illustration
A, on
grave and sudden provocation, fires a pistol at Z, under such circumstances
that if he thereby caused death lie would be guilty of culpable homicide
not amounting to murder. A has committed the offence defined in this section.
309. Attempt to commit suicide
Whoever
attempts to commit suicide and does any act towards the commission of
such offence, shall he punished with simple imprisonment for a term which
may extend to one year 151[or with fine, or with both].
310. Thug
Whoever,
at any time after the passing of this Act, shall have been habitually
associated with any other or others for the purpose of committing robbery
or child-stealing by means of or accompanied with murder, is a thug,
311. Punishment
Whoever
is a thug, shall be punished with 104[imprisonment for life], and shall
also be liable to fine.
312. Causing miscarriage
Whoever
voluntarily causes a woman with child to miscarry, shall, if such miscarriage
be not caused in good faith for the purpose of saving the life of the
woman, be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both; and, if the
woman be quick with child, shall he punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.
Explanation-
A woman who causes herself to miscarry, is within the meaning of this
section.
313. Causing miscarriage without woman's consent
Whoever
commits the offence defined in the last preceding section without the
consent of the woman, whether the woman is quick with child or not, shall
be punished with 104[imprisonment for life], or with imprisonment of either
description for a term which may extend to ten years, and shall also be
liable to fine.
314. Death caused by act done with intent to cause miscarriage
Whoever,
with intent to cause the miscarriage of a woman with child, does any act
which causes the death of such woman, shall be punished with imprisonment
of either description for a term may extend to ten years, and shall also
be liable to fine;
If act done without woman's
consent- And if the act is done without the consent of the woman, shall
be punished either with 104[imprisonment for life], or with the punishment
above mentioned.
Explanation-
It is not essential to this offence that the offender should know that
the act is likely to cause death.
315. Act done with intent to prevent child being born alive or
to cause it to die after birth
Whoever
before the birth of any child does any act with the intention of thereby
preventing that child from being born alive or causing it to die after
its birth, and does by such act prevent that child from being born alive,
or causes it to die after its birth, shall, if such act be not caused
in good faith for the purpose of saving the life of the mother, be punished
with imprisonment of either description for a term which may extend to
ten years, or with fine, or with both.
316. Causing death of quick unborn child by act amounting to
culpable homicide
Whoever
does any act under such circumstances, that if he thereby caused death
he would be guilty of culpable homicide, and does by such act cause the
death of a quick unborn child, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall
also be liable to fine.
Illustration
A, knowing,
that he is likely to cause the death of a pregnant woman does an act which,
if it caused the death of the woman, would amount to culpable homicide.
The woman is injured, but does not die; but the death of an unborn quick
child with which she is pregnant is thereby caused. A is guilty of the
offence defined in this section.
317. Exposure and abandonment of child under twelve years, by
parent or person having care of it
Whoever
being the father or mother of a child under the age of twelve years, or
having the care of such child, shall expose or leave such child in any
place with the intention of wholly abandoning such child, shall be punished
with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.
Explanation-
This section is not intended to prevent the trial of the offender for
murder or culpable homicide, as the case may be, if the child die in consequence
of the exposure.
318. Concealment of birth by secret disposal of dead body
Whoever,
by secretly burying or otherwise disposing of the death body of a child
whether such child die before or after or during its birth, intentionally
conceals or endeavours to conceal the birth of such child, shall be punished
with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
Of
Hurt
319.
Hurt
Whoever
causes bodily pain, disease or infirmity to any person is said to cause
hurt.
320. Grievous hurt
The following
kinds of hurt only are designated as "grievous":-
First- Emasculation.
Secondly- Permanent privation
of the sight of either eye.
Thirdly- Permanent privation
of the hearing of either ear.
Fourthly- Privation of
any member or joint.
Fifthly- Destruction
or permanent impairing of the powers of any member or joint.
Sixthly- Permanent disfiguration
of the head or face.
Seventhly- Fracture or
dislocation of a bone or tooth.
Eighthly- Any hurt which
endangers life or which causes the sufferer to be during the space of
twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
Foot Notes
100A. Substituted
by the Information Technology Act, 2000, w.e.f. 17th. October, 2000.
101. The words "or
before a Military Court of Request" repeated by Act No. 13 of 1889.
102. Substituted by the
A.O. 1948, for the words "by the law of British India or England".
103. Substituted by Act
No. 3 of 1951, for the words "the States".
104. Substituted by Act
No. 26 of 1955, for the words "transportation for life", w.e.f.
1st January, 1956.
105. Substituted by Act
No. 26 of 1955,. for the words "such transportation", w.e.f.
1st January, 1956.
106. Added by Act No.
3 of 1894.
107. Substituted by the
A.O. 1948, the A.O. 1950 and Act No. 3 of 1951 to read as above.
108. Inserted by Act No.
3 of 1894.
109. Substituted by Act
No. 3 of 1951.
110. Substituted by Act
No. 42 of 1953 for the words "to restore or cause the restoration".
111. Substituted by Act
No. 8 of 1882 for the original Exception.
112. Illustrations repealed
by Act No. 10 of 1882.
113. Inserted by Act No.
10 of 1886.
114 . The words "or
under the Fugitive Offenders Act, 1881," omitted by Act No. 3 of
1951.
115. Inserted by Act No.
27 of 1870.
116. The words "or
penal servitude for life" omitted by Act No. 17 of 1949, w.e.f. 6th
April, 1949.
117. The words "or
to" omitted by Act No. 36 of 1957.
118. The word "transportation"
omitted by Act No. 26 of 1955, w.e.f. 1st. January, 1956.
119. The words "or
penal servitude" omitted by Act No. 17 of 1949, w.e.f. 6th. January,
1949.
120. Inserted by Act No.
27 of 1870.
121. The words "penal
servitude" omitted by Act No. 17 of 1949, w.e.f. 6th. April, 1949.
122. Sections 225A and
225B substituted by Act No. 10 of 1886.
123. Inserted by Act No.
43 of 1983.
124. Substituted by Act
No. 19 of 1872, for the original first paragraph.
125. Substituted by A.O.
1950, for the former paragraph.
126.Substituted by the
A.O. 1950, for the words "the Queen's coin".
127. Inserted by Act No.
6 of 1896.
128. Substituted by the
A.O. 1948, the A.O. 1950 and Act No. 3 of 1951.
129. Substituted by the
A.O. 1950, for the words "Queen's coin".
130. Substituted by the
A.O. 1950, for the words "any of the Queen's coin".
131. Inserted by Act No.
3 of 1895.
132.Substituted by Act
No. 42 of 1953, for the words "may be seized and".
133. The word "and"
omitted by Act No. 42 of 1953.
134. Substituted by the
A.O. 1937, for the words "by the Government of India or by any Government".
135. The words "Central
or any Provincial" omitted by the A.O. 1950.
136. The words "or
the Crown Representative" omitted by the A.O. 1948.
137. Substituted by Act
No. 8 of 1925.
138. Inserted by Act No.
36 of 1969.
139. Section 292 renumbered
as sub-section (2) of that section by Act No. 36 of 1969.
140. Substituted by Act
No. 36 of 1969.
141. Substituted by Act
No. 3 of 1895.
142. Substituted by the
A.O. 1937, for the words "not authorised by Government".
143. Substituted by Act
No. 3 of 1951 for the words "a lottery organised by the Central Government
or the Government of a Part A State or a Part B State".
144. Substituted by the
A.O. 1950, for the words "Provincial".
145. Inserted by Act No.
25 of 1927.
146. Substituted by the
A.O. 1950, for the words "His Majesty's subjects".
147. Substituted by Act
No. 41 of 1961.
148. Substituted by Act
No. 41 of 1961, for the words "two years".
149. Inserted by Act No.
43 of 1986, w.e.f 19th November, 1986.
150. Inserted by Act No.
12 of 1891.
151. Substituted by Act
No. 8 of 1882, for the words "and shall also be liable to fine". |
