Section 299 in The Indian Penal Code, 1860
299. Culpable homicide.—
Whoever causes death by doing an act with the intention of causing death
having committed the offence punishable under Section 304(1) IPC against the deceased and Section 324 , IPC against ... exception under Section 300 , IPC and thus came to the conclusion that only the offence punishable under Section 304 , IPC
distinction between Sections 304 and 304A IPC. Section 304 IPC deals with punishment for culpable homicide. Section 299 defines the term ... would be liable under Section 304A and not under Section 304 IPC. Thirdly, illustration C of Section 299 IPC clearly describes
must be done, by the section of the penal code which creates it a crime. Section 299 of IPC defines culpable homicide ... IPC and section 300 of IPC and, therefore, he would be liable for punishment under Section 302 of IPC
under Section 304 Part I or
we should further alter it to Section 304 Part II of the IPC ?
SECTIONS 299 ... second part of Section 304 .”
(Emphasis supplied)
35. Section 300 of the IPC proceeds with reference to Section
299 of the IPC
offence under Section 302 IPC or Section 304 IPC.
38. In this regard Sections 299 and 300 IPC ... mischief of part I of Section 304 , IPC, the accused were convicted under Section 304 , Part I IPC .
II. In Subran
Joga Singh vs State Of Punjab on 22 December, 2023
Author: Sudeepti Sharma
Bench: Sureshwar
second limb of Section 299 IPC, then the punishing Section
would be Section 304(Part-I) IPC . We may note that ... exceptions provided under
Section 300 IPC, as we find the case falling under second limb of Section
299 IPC, we modify
dealt with by Section 299 I.P.C. is compared with Section 300 thirdly of the Indian Penal Code it became clear that the intention ... Section 300 thirdly of the Indian Penal Code . It shows that under Section 300 secondly the knowledge of the accused aggravates his crime, under Section
causing death as per the ingredients of Section 299
and 4th Explanation to Section 300 IPC, is very much
there in this particular ... kill his wife and the ingredients of
Section 299 and first part Section 300 of IPC ie.,
Explanation to Section 300 IPC