CULPABLE HOMICIDE
AND MURDER
INTRODUCTION
Culpable Homicide (S.299) and Murder (S.300) comes under the
heading of offences against Human Body in Chapter XVI.
Homicide – Killing of another Human Being
Acc. To Blackstone, it is killing of any human creature.
Derived from the latin, “Homi” which means Man and “Cido”
which means cut.
Homicide is one of the most heinous crimes known to man since
time immemorial.
However, not all homicides are liable to punishment.
INTRODUCTION
LAWFUL AND UNLAWFUL
HOMICIDES
If a human being kills another human being by the acts specified
under General Exceptions under Chapter IV - Section 76-106 of
I.P.C, then those acts can be treated as a lawful homicide.
Example: A, a soldier fires on mob by the order of his superior
officer by command of law. A has not committed any offence.
If a human being kills another human being without any exceptions
specified under Sections 76-106 I.P.C, then that act falls under
unlawful homicide.
Example: A shoots Z with intention of killing him. Z dies on spot. A
commits Murder.
ILLUSTRATION
A uses a sharp knife to kill B. The perpetrator is also aware that his
actions will result in death. B dies as a result of this damage. This
type of death is referred to as "murder."
On the other hand, A killed B with a blunt instrument like a stick or
stone. The likelihood of causing mortality is lower since injuries are
more likely to occur in the strong parts of the body. This type of
death is known as a Culpable Homicide.
CULPABLE HOMICIDE (S.299)
Sl. No. INGREDIENTS
1. Causing death of a human being
2. Intention of causing death (Mens Rea)
3. Intention of causing bodily injury likely to cause death
4. Knowledge of act likely to cause death
Explanation:
1. Causing injury to a diseased person or a person with disorder.
2. Causing injury when remedies could be adopted.
3. Causing the death of a child inside a mother’s womb.
Degree of intention and Probablity of death is low.
ILLUSTRATIONS AND CASE
LAW
A not knowing that D has a tumour in his brain, hits him hard on
the head with a cricket bat, with the intention of causing death or
with the knowledge that death is likely to be caused. D dies
because of the bursting of the tumour. A is liable for culpable
homicide not amounting to murder.
Virsa Singh vs State of Punjab (AIR 1958 SC 465): court must
consider
1. Nature of injury
2. Injury by which death is caused- vital parts/ non vital parts
3. Weapon which was used – lethal or non lethal
MURDER (S.300)
Sl. INGREDIENTS
No.
1. Causing death of a human being.
2. Intention of causing death.
3. Causing of bodily injury as offender knows likely to cause
death.
4. Causing of bodily injury as the offender knows that such an
injury will sufficiently cause death.
5. Knowledge that act done is imminently dangerous that in all
probability cause death or such bodily injury which is
Degreelikely dangerous
of intention to cause death.
and Probablity of death is very high.
ILLUSTRATIONS AND CASE
LAW
A knows that B has a tumour in his brain and he hits him again and
again with a bat on his head with the intention of causing death,
and B dies subsequently. A is liable for Murder.
State of M.P vs. Ram – Accused poured kerosene on his mistress
and set her on fire. Court held that accused must have known that
he was committing the act so imminently dangerous that it must in
all probability cause death or bodily injury which will likely cause
death. This is a case of culpable homicide amounting to murder.
EXCEPTIONS OF SECTION
300
Sl. No. Exceptions of Section 300 (when culpable homicide is not
murder)
1. Sudden and grave provocation
Exceptions
a. Not voluntarily, someone needs to provoke the offender.
b. Provocation happened during the fulfillment of a legal
duty.
2. Right of private defence
3. Public servant acting in good faith (eg: Mob lynching )
4. Without premeditation (Not pre Planned)
PUNISHMENT FOR CULPABLE
HOMICIDE NOT AMOUNTING
TO MURDER.
Whoever commits culpable homicide not amounting to murder shall
be punished with imprisonment for life, or imprisonment of
either description for a term which may extend to ten years,
and shall also be liable to fine, if the act by which the death is
caused is done with the intention of causing death, or of causing
such bodily injury as is likely to cause death;
Or with imprisonment of either description for a term which may
extend to ten years, or with fine, or with both, if the act is done
with the knowledge that it is likely to cause death, but
without any intention to cause death, or to cause such
bodily injury as is likely to cause death.
CULPABLE
HOMICIDE
MURDER
All murders are Culpable Homicide but all
Culpable homicides are not murders.
As was already said, murder is simply an aggravated version of
culpable homicide, regarded as the first degree of culpable
homicide.
It was held in the case of Nara Singh Challan
v. State of Orissa (1997) that Section 299 of the Indian Penal Code
is the genus and Section 300 of the Indian Penal Code is the
species.
DIFFERENCES BETWEEN
CULPABLE HOMICIDE AND
MURDER.
Basis of Difference Culpable Homicide Murder
Meaning Someone who causes the death Someone who does any act
of another by doing an act likely resulting death of another
to cause that person’s death. with the sufficient intention
to cause that person’s
death.
Ingredients 1. Causing death 1. Causing Death
2. Doing an act 2. Doing an act
3. Intention and knowledge 3. Presence of knowledge
must exist
Section 299 and 304 300 and 302
Purpose Likely to cause death To cause death
Degree of Intention Less likely Sufficient
DIFFERENCES BETWEEN
CULPABLE HOMICIDE AND
MURDER.
Basis of Culpable Homicide Murder
Difference
Knowledge The knowledge that the act will Compulsory
likely cause death.
Explanation/ Explanation: Exception:
Exception 1. Causing injury to a diseased 1. Grave and sudden
person or a person with disorder. provocation
2. Causing injury when remedies 2. Private defence
could be adopted. 3. Performing Legal duty
3. Causing the death of a child 4. Sudden tussle
inside a mother’s womb.
Punishment Imprisonment for life or ten years Death or Life
with or without a fine.S304 imprisonment. S302
CONCLUSION
As was previously mentioned, there is a fine line between murder
and culpable homicide.
Murder is nothing more than an aggregate type of homicide.
The difference can be seen with the degree of intention and
whether the probability was higher or lower.
