( zoom to see the pic more clearly, also can click and opens in a new window)
culpable homicide and Murder part 2
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
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.
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.
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
