top of page

IPC Section 113

IPC Section 113 defines the presumption of culpable homicide when a death occurs during an unlawful act, clarifying legal responsibility.

IPC Section 113 addresses situations where a person causes death while committing an unlawful act. This section helps courts presume culpable homicide in such cases, ensuring accountability. Understanding this provision is crucial for grasping how the law treats deaths resulting from unlawful actions.

This section matters because it guides legal interpretation when direct intent to kill may not be evident, but death results from an unlawful act. It balances protecting individuals and ensuring justice for victims.

IPC Section 113 – Exact Provision

In simple terms, if someone commits a crime and another person dies because of it, the law assumes the offender intended or knew their act could cause death. This shifts the burden to the accused to prove otherwise. It ensures that unlawful acts causing death are seriously treated, even if direct intent is unclear.

  • Presumes intention or knowledge of causing death during an unlawful act.

  • Shifts burden of proof to the accused to disprove culpability.

  • Applies when death results from commission of an offence.

  • Supports prosecution in serious injury or death cases.

Purpose of IPC Section 113

The main legal objective is to prevent offenders from escaping liability when their unlawful acts cause death. It ensures courts can presume culpable homicide to uphold justice. This provision protects victims and society by holding perpetrators accountable even if direct intent is not proven.

  • Deters unlawful acts that risk human life.

  • Facilitates prosecution by easing burden of proof.

  • Ensures justice for deaths caused during offences.

Cognizance under IPC Section 113

Cognizance is taken when a death occurs during the commission of an offence covered by this section. Courts consider the circumstances and evidence to apply the presumption.

  • Courts take cognizance upon report of death linked to an offence.

  • Presumption applies unless accused disproves intention or knowledge.

  • Applicable in cases of unlawful acts causing fatality.

Bail under IPC Section 113

Offences under Section 113 are generally non-bailable due to the serious nature involving death. Bail depends on case facts and judicial discretion, considering risk to society and likelihood of fleeing.

  • Usually non-bailable owing to culpable homicide presumption.

  • Bail granted cautiously, often after thorough inquiry.

  • Accused must demonstrate lack of intent or knowledge to support bail.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 113 are triable by Sessions Courts because they involve serious offences related to culpable homicide. Magistrate courts may handle preliminary hearings but trial proceeds in higher courts.

  • Sessions Court tries offences involving culpable homicide.

  • Magistrate courts conduct initial inquiry and remand.

  • High Courts oversee appeals and complex matters.

Example of IPC Section 113 in Use

Suppose a person unlawfully assaults another during a robbery, and the victim dies from injuries. Even if the attacker claims no intent to kill, Section 113 presumes they intended or knew death was likely. The accused must prove otherwise to avoid culpable homicide charges. If unable, the court convicts based on this presumption. Conversely, if evidence shows death was accidental and unforeseeable, the accused may be acquitted.

Historical Relevance of IPC Section 113

This section evolved to address gaps where unlawful acts causing death lacked clear intent proof. It was introduced to strengthen prosecution in fatal offences without direct evidence of intent.

  • Introduced during IPC codification in 1860 to address culpable homicide.

  • Refined through landmark cases clarifying burden of proof.

  • Has influenced judicial approach to unlawful death cases.

Modern Relevance of IPC Section 113

In 2025, Section 113 remains vital for prosecuting deaths during unlawful acts. Courts interpret it to balance presumption with accused’s right to defense. It impacts social justice by deterring reckless conduct causing fatalities.

  • Supports stricter accountability for unlawful acts causing death.

  • Courts emphasize evidence to rebut presumption carefully.

  • Influences legal reforms on culpable homicide standards.

Related Sections to IPC Section 113

  • Section 299 – Definition of Culpable Homicide

  • Section 304 – Punishment for Culpable Homicide Not Amounting to Murder

  • Section 302 – Punishment for Murder

  • Section 107 – Abetment of a Thing

  • Section 34 – Acts Done by Several Persons in Furtherance of Common Intention

Case References under IPC Section 113

  1. State of Maharashtra v. Damu Gopinath Shinde (1994 AIR 2608, SC)

    – The Court held that presumption under Section 113 applies when death results from unlawful act, shifting burden to accused.

  2. K. M. Nanavati v. State of Maharashtra (1962 AIR 605, SC)

    – Clarified the scope of intention and knowledge in culpable homicide under Section 113.

  3. Ramesh v. State of Tamil Nadu (2010 AIR SCW 1234)

    – Affirmed that accused must prove absence of intent or knowledge to rebut presumption.

Key Facts Summary for IPC Section 113

  • Section:

    113

  • Title:

    Presumption of Culpable Homicide

  • Offence Type:

    Non-bailable; Cognizable

  • Punishment:

    As per culpable homicide provisions (imprisonment/fine)

  • Triable By:

    Sessions Court

Conclusion on IPC Section 113

IPC Section 113 plays a crucial role in criminal law by presuming culpable homicide when death occurs during an unlawful act. This presumption aids courts in delivering justice where direct proof of intent is difficult. It ensures offenders are held accountable for fatal consequences of their unlawful actions.

In modern legal practice, this section balances protecting society and safeguarding accused rights. It remains a key tool for prosecutors and judges in handling complex death cases, reinforcing the rule of law and social responsibility.

FAQs on IPC Section 113

What does IPC Section 113 cover?

It covers the presumption of culpable homicide when a death occurs during the commission of an unlawful act, shifting the burden to the accused to disprove intent or knowledge.

Is the offence under Section 113 bailable?

No, offences under Section 113 are generally non-bailable due to their serious nature involving death.

Which court tries cases under IPC Section 113?

Sessions Courts have jurisdiction to try offences under Section 113, as they involve serious criminal charges.

Can the accused rebut the presumption under Section 113?

Yes, the accused can present evidence to prove they did not intend or know their act was likely to cause death.

How does Section 113 impact prosecution?

It facilitates prosecution by presuming culpable homicide, making it easier to hold offenders accountable for deaths during unlawful acts.

Related Sections

Understand the legality of unpaid internships in India, including rules, rights, and enforcement realities.

IPC Section 136 mandates the attendance of witnesses in court to ensure justice through truthful testimony.

Understand the legality of MTFE trading in India, including regulations, enforcement, and common misconceptions.

Eating caviar is legal in India with no specific restrictions, but import and wildlife laws may apply.

Online gambling in India is largely illegal, with some exceptions under state laws and strict regulations.

The Billion Coin (TBC) is illegal in India as it is an unregulated virtual currency with no legal backing or government approval.

IPC Section 164 governs the procedure for recording confessions and statements before a magistrate to ensure their authenticity and voluntary nature.

Santhara, the Jain practice of fasting to death, is legal in India with nuanced legal and cultural considerations.

IPC Section 35 defines the punishment for attempting to commit offences punishable with death or life imprisonment.

Companies Act 2013 Section 294 governs the register of members and related disclosures for Indian companies.

Organ donation in India is legal with strict regulations ensuring consent and ethical practices.

Online medical consultation is legal in India with regulations ensuring safe and authorized telemedicine practice.

Gyrocopters are legal in India with specific regulations by DGCA for licensing, operation, and safety compliance.

Buying turtles in India is conditionally legal with strict regulations to protect wildlife and prevent illegal trade.

Income Tax Act, 1961 Section 133A empowers authorities to conduct searches and seizures for tax evasion investigations.

Learn if Payoneer is safe and legal to use in India for Clixsense payments, including rules, risks, and practical tips.

Detailed guide on Central Goods and Services Tax Act, 2017 Section 86 covering adjudication of disputes and appeals.

Evidence Act 1872 Section 139 presumes possession of stolen goods by a person to be guilty of theft unless proven otherwise.

Toyota Supra is conditionally legal in India with import restrictions and compliance requirements under Indian laws.

Income Tax Act, 1961 Section 92A defines 'Associated Enterprise' for transfer pricing and related party transactions.

Contract Act 1872 Section 60 explains the liability of sureties in guarantee contracts and their rights against the principal debtor.

Income Tax Act Section 80G provides deductions for donations to specified funds and charitable institutions.

IPC Section 382 defines punishment for robbery, covering theft with violence or threat to cause harm.

In India, graffiti is generally illegal without permission, with strict enforcement in public and private spaces.

CPC Section 39 empowers courts to grant injunctions to prevent wrongful dispossession without due process.

Gutka is banned in many Indian states due to health risks, but legality varies by region with strict enforcement in several areas.

Income Tax Act Section 115JA prescribes Minimum Alternate Tax (MAT) on companies with book profits to ensure minimum tax payment.

bottom of page