Culpable homicide
AI Assist
Summary
Causing a death is culpable homicide when the person acted with intention to cause death, intended to cause bodily injury likely to cause death, or knew the act was likely to cause death. It applies only if the death actually follows from the act, making the actor criminally responsible. If an injury speeds up death of someone already ill, the injurer is treated as having caused the death.
Example
Priya covers a deep pit with flimsy planks intending that someone might die if they fall in. Rohan, thinking the ground is firm, steps on it, falls and dies. Priya has committed culpable homicide because she intended or knew death was likely from her act.
Bare Act
Enacted textWhoever 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
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(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.
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(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.
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(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
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.
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