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There has always been a confusion regarding the provisions of section 299 and
section 300 of the Indian Penal Code. No wonder James Stephens calls the part
dealing with the definitions of murder and culpable homicide as the weakest
part of the code.1
On a close analysis of the provisions of Section 299 of the IPC, one will find an
explanation which has been given to the definition as:
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.
By virtue of this deeming provision present over here one can presume from the
nature of it that one had indeed committed an act.
Now considering the logical fact if an explanation is given to a particular
provision, it would mean that that particular explanation corresponds to that
particular provision and not otherwise.
Having said that, when we look at the definition of Culpable Homicide as given
in sec 299, we see that it incorporates three ingredients on the basis of which
one can be booked under the section, which are:1. Intention of causing death
1 Essays On the Indian Penal Code, ILI 2005
As regards the explanation 1 ratanal has reproduced it in ver batim and has
But one of the elements of the offence of Culpable homicide must be present.4
When we look at examples of enlarged spleen or liver, the rupture of which,
though it may be due to violence, is the immediate cause of death. In such cases
the accused could not have not be said to possess knowledge of the likelihood of
death if he did not know of the diseased condition of those organs. The offence
in such cases is not culpable homicide because there was not in the accused the
knowledge of the likelihood of death as a consequence of his act and the degree
of violence used is, therefore, the measure of his knowledge.
4 Ratanlal and Dhirajlal The Indian Penal Code, 34 th edition pg 500 lexis nexis