What is the difference between section 299 and 300 of IPC


What is the difference between section 299 and 300 of IPC


Answers (6)

In common parlance Sec. 300 is a sub-set of the sec 299 (if you understand 'Set' from Maths). Every unnatural human death is homicide but when it is coupled with intention and not only knowledge (culpable homicide not amounting to murder) then it is a murder.


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KinnoriSection 299 and Section 300 Indian Penal Code, 1860, deals with the definition of culpable homicide and murder respectively. Section299 defines culpablehomicide as the act of causing death; (i) with the intention of causing death or (ii) with the intention of causing such bodily injury as is likely to cause death or (iii) with the knowledge that such act is likely to cause death. Section 300 IPC, however, deals with murder although there is no clear definition of murder provided in Section 300 IPC.The academic distinction between murder and culpablehomicide has always vexed the Courts. The confusion is caused,if Courts losing sightof the true scope and meaning of the terms used by the legislature in these sections, allow themselves to be drawn into minute abstractions. The safest way of approach to the interpretation and application of these provisions seems to be in focus the keywords used in the various clauses of sction 299 and section 300 of the Indian Penal Code, 1860.Clause (b) of Section 299 corresponds with clauses (2) and (3) of Section 300. The distinguishing feature of the mens rea requisite under clause (2) of Section300 is the knowledge processed by the offender regarding the particular victim being in such a peculiar condition on state of health that the internal harm caused to him is likely to be fatal, sufficient to cause death of a person in normal health or condition. It is very pertinent, to note here that, the, ‘intention to cause death is not an essential requirement of clause (2). Only the intention of causing the bodily injury coupled with the offenders’ knowledge of the likelihood of such injury causing the death of the particular victim is sufficient to bring the killing within the ambit of this clause.The main distinctionbetween ‘Culpable Homicide’ and ‘Murder’ is that the knowledge of offender as to degree of portability of death. Thus we often say, all murders are culpable homicides, but not vice-versa. UBR (1897-1901) Vol. 1. , 282; 1972 CrLJ 1415:1980 CrLJ 957. Hence, foreasy understanding we can say, culpablehomicide is genes where as murder is species. Culpable homicide is not murder unless the act by which the death is cause is done with the intention stated, in one or more of the four classes to be interpreted in the light of the four illustrations drafted by the legislators and well embedded in the Code.

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You are not authorised to take ability test of lawyer. Kindly submit your problem not about section differences.
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Section 299 and Section 300 IPC deals with the definition of culpable homicide and murder respectively. Section 299 defines culpable homicide as the act of causing death; (i) with the intention of causing death or (ii) with the intention of causing such bodily injury as is likely to cause death or (iii) with the knowledge that such act is likely to cause death. Section 300 IPC, however, deals with murder although there is no clear definition of murder provided in Section 300 IPC. It has been repeatedly held by this Court that culpable homicide is the genus and murder is species and that all murders are culpable homicide but not vice versa. Section 300 IPC further provides for the exceptions which will constitute culpable homicide not amounting to murder and punishable under Section 304. When and if there is intent and knowledge then the same would be a case of Section 304 Part I and if it is only a case of knowledge and not the intention to cause murder and bodily injury, then the same would be a case of Section 304 Part II. The aforesaid distinction between an act amounting to murder and an act not amounting to murder has been brought out in the numerous decisions of this Court.

Section 299 talks about the act kowingly by which a death or bodily injury caused and section 300 talks about intentional act by which death can be caused,SI 299 talks about knowingly do that type of act in which may be death can be caused but in 300 death caused by intention

In short, where the act was not done with the intention of causing death would be held as Culpable Homicide and where it was a well planned coordinated move or the intent was to cause such a harm which would have ordinarily lead to loss of life would be held as murder.
The difference between culpable homicide and murder is merely a question of degree of probability of the death ensuing. It is culpable homicide where death must have been known to be a probable result; it is murder where it must have been known to be the most probable result.
Culpable homicide is the genus of which murder is a species. In order that an offence may amount to murder it must fall within, the ambit of culpable homicide, but an offence may amount to culpable homicide without amounting to murder. All murders are, therefore, culpable homicide but the converse is not true.



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