Section 299 IPC: Culpable homicide

Indian Penal Code, 1860

Section 299 IPC at a Glance

Section 299 IPC deals with culpable homicide. From 1 July 2024 it is replaced by Section 100 BNS.

Punishment

None. Section 299 IPC is a definition and prescribes no sentence of imprisonment. Culpable homicide is punished under Section 304 IPC, or Section 302 IPC where it amounts to murder.

BNS Equivalent

Section 100 →

Section 299 IPC Bare Act Text

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 a 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.

Source: Section 299, Indian Penal Code, 1860

Section 299 IPC in Simple Words

Section 299 of the Indian Penal Code (IPC) defines culpable homicide. A person commits culpable homicide by causing death through an act done 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 the act is likely to cause death.

The section includes three Explanations covering acceleration of death, bodily injury where treatment might have prevented death, and the death of a child in the womb as against a living child any part of which has been brought forth. Section 299 IPC is a definition and prescribes no punishment of its own.

Ingredients of Section 299 IPC

The accused causes the death of a human being by doing an act
The act is done 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 the doer is likely by such act to cause death

Punishment Under Section 299 IPC

Imprisonment

None. Section 299 IPC is a definition and prescribes no sentence of imprisonment. Culpable homicide is punished under Section 304 IPC, or Section 302 IPC where it amounts to murder.

Fine

None under Section 299 IPC. Fine is provided under the punishing provisions in Section 304 IPC or Section 302 IPC.

Section 299 IPC defines culpable homicide without prescribing a punishment of its own. Punishment is provided under Section 304 IPC, or under Section 302 IPC where the act amounts to murder.

Example of Section 299 IPC

In September 2017, during a dispute at a timber yard in Shimla, Bhaskar struck his coworker Tarun forcefully across the abdomen with a heavy iron bar, intending to cause bodily injury likely to cause death and knowing that the blow was likely to cause death. Tarun was suffering from a chronic liver disease, and the injury accelerated his death the next day, even though timely surgical treatment at a hospital might have prevented it. Under Explanations 1 and 2, Bhaskar is deemed to have caused Tarun's death, and Bhaskar committed the offence of culpable homicide under Section 299 IPC.

When Section 299 IPC Does Not Apply

The victim survives the injury, so no death is caused by the person's act.
A person causes another's death by pure accident without intending to cause death, without intending to inflict a bodily injury likely to prove fatal, and without knowing that the act was likely to cause death.
The act results only in the death of an unborn child still entirely inside the mother's womb, before any part of the child has been brought forth.

Section 299 IPC in the BNS

Section 299 IPC is now covered under Section 100 BNS.

Section 299 IPC is now Section 100 BNS. The definition of culpable homicide, the three alternative mental elements, the three Illustrations and the three Explanations are reproduced in Section 100 BNS without substantive change.

View detailed comparison (IPC 299 vs BNS 100) →

FAQs on Section 299 IPC

What does Section 299 IPC define?▼

It defines culpable homicide as causing death by an act done 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 the act is likely to cause death.

Does Section 299 IPC prescribe a punishment?▼

No. Section 299 IPC is a definition section. Culpable homicide is punished under Section 304 IPC, or under Section 302 IPC where it amounts to murder.

What are the three mental elements under Section 299 IPC?▼

The three alternative mental elements are: intention of causing death, intention of causing such bodily injury as is likely to cause death, or knowledge that the act is likely to cause death.

Is Section 299 IPC bailable or cognizable?▼

Section 299 IPC has no First Schedule entry because it is a definition. Bail, cognizance and the trial court are determined by the punishing section, such as Section 302 IPC or Section 304 IPC.

What does Explanation 1 to Section 299 IPC provide?▼

It provides that a person who causes bodily injury to another labouring under a disorder, disease or bodily infirmity, and thereby accelerates death, is deemed to have caused that death.

What does Explanation 2 to Section 299 IPC provide?▼

It provides that where death is caused by bodily injury, the person who caused it is deemed to have caused the death, even if proper remedies and skilful treatment might have prevented it.

Does causing the death of an unborn child amount to culpable homicide under Section 299 IPC?▼

Explanation 3 states that causing the death of a child in the mother's womb is not homicide, but causing the death of a living child after any part has been brought forth may amount to culpable homicide.

Where is Section 299 IPC located in the Bharatiya Nyaya Sanhita?▼

It is Section 100 BNS, in Chapter VI.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·