Offences affecting Human Body

( zoom to see the pic more clearly, also can click and opens in a new window)

culpable homicide and Murder part 2

Culpable homicide (Section 299)

Culpable homicide is covered under Section 299 of the Indian Penal Code. Culpable homicide means the act done by a person which causes the death of another with an intention of causing death or causing such bodily injury that is likely to cause death, or he has knowledge that the act committed by him is likely to cause death, is said to commit the offence of Culpable homicide.

Illustration 

• A induces B to shoot at the place having the knowledge that Z was sitting behind a covered area. Here, A is liable for the offence of culpable homicide, as he had prior knowledge that Z was present in that area and his actions will lead to Z’s death. Here, intention makes A liable to culpable homicide.
• Yamini is diagnosed with a terminal illness and to live from day to day he needs certain drugs. Zion confines Yamini in a room and prevents him from taking his medication. Here, Zion is guilty of culpable homicide.

Murder (sec 300)

Murder is defined under Section 300 of the Indian Penal Code. According to this Act, culpable homicide is considered as murder if:

• The act is committed with an intention to cause death.
• The act is done with the intention of causing such bodily injury which the offender has knowledge that it would result in death.
• The person has the knowledge that his act is dangerous and would cause death or bodily injury but still commits the act, this would amount to murder.

Ingredients of Murder

• Causing death: There should be an intention of causing death,
• Doing an act: There should be an intention to cause such bodily injury that is likely to cause death, or
• The act must be done: with the knowledge that the act is likely to cause the death of another. 

Illustrations

• Abhi shoots Khan with an intention of killing him. As a result, Khan dies in that consequence, murder is committed by Abhi.
• Dinesh intentionally gives a sword-cut to Raghu that was sufficient to cause the death of anyone in the ordinary course of nature. As a consequence, Raghu dies. Here, Dinesh is guilty of murder though he didn’t intend to cause Raghu’s death. 

Exceptions to Section 300 of IPC (where culpable homicide is not considered as murder)

• Sudden and grave provocation 

If the offender is deprived of the power of self-control due to sudden and grave provocation, and his act causes the death of the person who provoked or death of any other person by accident or mistake.

This exception is subject to a certain proviso, that is:

• That the provocation is not sought or is voluntarily provoked by the offender to be used as an excuse for killing or causing any harm to the person.
• That the provocation is not given by anything that is done in obedience to the law, or by a public servant while exercising the powers lawfully of a public servant.
• That the provocation is not done while doing any lawful exercise of the right of private defence.

Illustration

A is given grave and sudden provocation by C. A fires at C as a result of this provocation. A didn’t intend or have knowledge that his act is likely to kill C, who was out of A’s sight. A kills C. A is not liable to murder but is liable to culpable homicide.

Cases : 

• K.M. Nanavati v. State of Maharashtra, 1961 ( can watch the movie Rustom)

In this case,the Supreme Court had extensively explained the law relating to provocation in India.
In this case,the Supreme Court had extensively explained the law relating to provocation in India.

• Muthu v. state of Tamil Nadu, 2007, 
  ln this case, it was held by the Supreme Court that constant harassment might deprive the power of self-control, amounting to sudden and grave provocation.

• When the person exceeds his right to private defence 

Where the act is committed to defend them from further harm. If the accused intentionally exceeds his right to private defence, then he is liable to murder. If it is unintentional, then the accused will be liable to culpable homicide not amounting to murder.

 Illustration

• X attempts to whip Y with a belt, not in a manner to cause grievous hurt to Y. A rod is drawn out by Y, X persists the assault. Y believes that he had no way to prevent himself from being whip by X, Y gives a blow at X. X is liable to culpable homicide not amounting to murder.

 Case:

•  Nathan v. State of Madras, 1972

In this case, the landlord was trying forcefully to evict the accused. The accused killed the landlord while exercising his right to private defence. There was no fear of death to the accused as the deceased was not holding any deadly weapon that could have caused grievous hurt or death of the accused. The deceased had no intention to kill the accused, thus, the accused exceeded his right of private defence. The accused was liable to culpable homicide not amounting to murder.

• Culpable homicide in case of Public Servant 

The act is done by a public servant who is acting to promote public justice. If the public servant commits an act which is necessary to discharge his duty as is done in good faith and he believes it to be lawful.

 Illustration

• If the police officer goes to arrest a person, the person tries to run away and during that incident, if the police officer shoots the person, the police officer will not be guilty of murder.

 Case 

•  Dakhi Singh v. State, 1955

In this case, the appellant was the constable of Railway Protection Force, while he was on duty he killed a fireman unintentionally, while he was firing bullet shots to catch the thief. The constable was entitled to benefit under this section section’s benefit.

• Sudden Fight

The sudden fight is when the fight is unexpected or premeditated. Both the parties don’t have any intention to kill or cause the death of another. The fact that which party had assaulted or offered a provocation first is not important.

Case 

• Radhey Shyam and Anr. v. State of Uttar Pradesh, 2018

In this case, the appellant was extremely angry when he got to know that his calf had come to the deceased place. The appellant started abusing the deceased, when it was tried to stop him, the appellant fired at the deceased. The deceased was unarmed at that time, thus the appellant had an intention to kill the deceased, hence, he was held liable to murder.

• Consent

If the act is committed with the consent of the victim. The consent should be unconditional, unequivocal and without any sort of reservation.

Illustration

• A instigated F who was under 18 years of age, to commit suicide. F was incapable of giving consent to his own death. Therefore, A is guilty of murder.
• X killed his foster father Y, who was old and infirm. X killed Y with his consent. This was punishable under Section 304.

Causing Death by negligence (Section 304A) 

Under Section 304A of IPC, if someone causes the death of another due to rash or negligent act that does not amount to culpable homicide, shall be punished with imprisonment which can extend up to two years or with fine or both.

Dowry Death (Section 304 B)

Section 304 B of IPC states that if within seven years of marriage a woman dies by a bodily injury or burns, or it is revealed that before the marriage the woman was exposed to cruelty or harassment by her husband or by any other relative of her husband, in connection to the demand of dowry then the death of the woman will be considered as the dowry death.

The punishment for Dowry death is imprisonment for a minimum of seven years or a maximum of imprisonment for life. 

Attempt to murder (Section 307)

Section 307 of IPC deals with an attempt to murder. Whoever commits an act with an intention or knowledge and under such circumstances, that causes the death of the person would be held guilty of murder.

Illustrations

• R shoots S with an intention to kill him. If under such circumstances death has ensued, R will be guilty of murder.
• P, with an intention to cause death to Q, who is a child of seven years of age, leaves him in a deserted land. P commits an offence under this section, though the death of the child is not ensured.

Attempt to commit Culpable Homicide (Section 308)

Under Section 308 of IPC, whoever commits an act with such intention or such knowledge and under such circumstances, and if that act causes death, he would be guilty of culpable homicide not amounting to murder.

Illustration

• A due to sudden and grave provocation fires at Z. If Z dies due to this incident, A will be guilty of culpable homicide not amounting to murder.

Punishment

For more details and notes please visit, share, follow and subscribe to the blog and youtube channel adityapedia. Dont forget to like our fb page too. Its just a click away - absolutely FREE

Murder and Culpable Homicide

This blog will discuss the main aspects of culpable homicide and murder.This will give a quick insight to the vast and most important topic of IPC. Part 2 will discuss some of the same heading in detail and its exceptions.

Culpable Homicides and Murder

Part 1 

Often we find-

"All murders are culpable homicides but all culpable homicides are not murders." 

as a familiar question in almost all our law based exam, and get struck as how to answer this? Now we will read and understand the same in simple way.

All crimes comprise of two components mens rea and actus reus, if any of them is missing then the committed act did not fall under the ambit of crime.

 

Homicide etymologically comes from Latin word “homa” meaning man and “cide” meaning cut. 
The term means either the act of killing of one human being by another or a person who kills another. The Indian Penal code defines homicide as a killing of human being by a human being, it may be lawful or unlawful. Culpable homicide is further divided into two categories: 

• Culpable homicide amounting to murder.
• Culpable homicide not amounting to murder.

Culpable Homicide: 

The word culpable derived from Latin word ‘culpabills’ which means worthy of blame and homicide means to kill.

It is defined as “Whosoever causes death by doing an act with the intention of causing death or with the intention of causing such bodily injury as it is likely to cause death or with the knowledge that he is likely by such act to cause death , commits the offence of Culpable Homicide .” under Sec 299 of IPC. 

principle ingredients of Culpable homicide :

• Causing death of human being.
• The intention of causing death.
• The intention of causing a bodily injury that likely to cause death
• The knowledge of the act which is likely to cause death

Illustration 

• A induces B to put the snake at the place having the knowledge that C was sitting on the otherside of the door. Here, A is liable for the offence of culpable homicide, as he had prior knowledge that C was present in that area and his actions will lead to C’s death. Here, intention makes A liable to culpable homicide.
  
  
• E is diagnosed with a terminal illness and to live from day to day he needs certain drugs. G confines H in a room and prevents him from taking his medication. Here, G is guilty of culpable homicide.

Cases

 Reg. v. Govinda, 1876 

the accused had knocked down his wife, kept a knee on her chest and gave two to three violent blows with the closed fist on her face. This act produced extraversion of blood on her brain and afterwards, the wife died due to this. The act was not committed with the intention of causing death and the bodily injury was not sufficient to cause death in the ordinary course of nature. The accused was liable to culpable homicide not amounting to murder.

RELEVANT PROVISION FOR CULPABLE HOMICIDE

Murder:

It can be defined as an aggravated form of culpable homicide. Murder is commonly understood as an act of killing human being intentionally (with knowledge of act) and unlawfully by another.
The term murder is derived from the Germanic word which means ‘secret killing’.
Under Sec 300 of IPC, there is no straight definition for murder which is provided but it is explained in reference with the previous section it reads as: 

“Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or-

Secondly-If it is done with the intention of causing such bodily injury as the offender knows ‘to be likely to cause the death’ of the person to whom the harm is caused, or–

Thirdly-If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or–

Fourthly-If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.”

Illustration 

• X intending to kill Y by​​ poisoning​​ purchases poison and mixes the same with a glass of milk. He gives the glass to Z to serve it to Y. Z drinks the milk​​ and dies. 
  
  
• A snake charmer while showing his play claims to cure the snake bite. The deceased got himself a snake bite believing on assurance of the snake charmer. The snake charmer could​​ not​​ cure the deceased. The snake charmer is liable for Murder 

some of the famous murder cases:

• Arushi Talwar case( Noida Twin Murder Case)

The 14-year-old Arushi was murdered along with Hemraj Banjade who was 45 years old then. There were a lot of suspects on the list of the accused including Arushi’s parents. This case received a lot of media coverage and aroused public interest. It was held as Trial by Media. For a very long time, Arushi’s parents had been held under custody. Still, it is not clear whether it was Arushi’s parents or the other two servants that worked in her house. Though Arushi’s parents have been acquitted, yet no one knows who killed Arushi and Hemraj.

• Jessica Lal murder case

The case got highlighted with the heading ‘No one killed Jessica’ in the year 1999. The eyewitnesses had amnesia and there was hardly anyone who came forward to give an account of how an aspiring model was shot dead. Later people came to know that it was the businessman Manu Sharma who was refused by Jessica to serve liquor had shot her dead.

• Pramod Mahajan murder case

Pramod Mahajan was a politician in the Bharatiya Janata Party. He was killed in a broad daylight inside his house. April 2006 Pramod was shot dead by his brother, Pravin. After killing his brother, Pravin walked to the nearest police station to confess that he had shot his brother Pramod. Pravin was sentenced to life imprisonment and later on died due to brain haemorrhage.

RELEVANT PROVISION FOR MURDER

principle ingredients of Murder:

• Causing death of human being.
• The Intention of causing death
• Causing such bodily injury as the offender knows it is likely to cause death of a person.
• Knowledge that the act done is sufficiently dangerous that in all probabilities it must cause death, 

The most confusing aspect is ‘intention’ as in both the provisions the intention is to cause death. Hence, you have to consider the degree of intention of offenders. If the person is killed in cold-blood or with well-planned then it is murder because the intention to kill is in high degree. On other hand, person is killed without pre-planned, in sudden fight or in sudden anger because of somebody’s provocation or instigation, then such death is called the culpable homicide. Hence, whether the act done is culpable homicide or murder is a question of fact. 

The distinction between the two is in the ‘intention’ and ‘knowledge’ of the culprit in committing the crime.

Punishment for murder (Section 302)

The punishment for murder is provided under Section 302 of IPC. Under this section whoever commits murder is punished with:

• Death
• Life imprisonment
• Fine

Punishment for Culpable Homicide (Section 304)

Culpable homicide is not murder if it falls under any one of the five exceptions given under Section 300. Section 304 of IPC describes the punishments for culpable homicide not amounting to murder, that is:

• Imprisonment for life,
• Imprisonment for either description of a term extending up to ten years,
• Fine.

For more details and notes please visit, share, follow and subscribe to the blog and youtube channel adityapedia. Dont forget to like our fb page too. Its just a click away - absolutely FREE