Advocate Varnita Rastogi is a Allahabad based lawyer and has been practising law since 2017. She has... Read More
Essential Elements Of Culpable Homicide
What are the essential Elements of Culpable Homicide?
- Sector-1, Noida
Culpable Homicide is the first kind of unlawful homicide as defined in Section 299, I.P.C it purports to define and explain as to when an act of causing death constitutes Culpable Homicide. The important elements are:-Causing of death of a human being, Such death must have been caused by 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 the doer is likely by such an act to cause death. The fact that the death of a human being is caused is not enough. Unless one of the mental states mentioned in ingredient is present, an act causing death cannot amount to Culpable Homicide. Thus where a constable who had loaded but defective gun with him wanted to arrest an accused who was going on a bullock cart by climbing on the cart and there was a scuffle between him and the accused and in course of which the gun went off and killed the constable, it was held that accused could not be held guilty of Culpable Homicide.
Answered on 28 Sep 2018
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