Culpable Homicide and Murder | Legal Reasoning for CLAT PDF Download

Section 299: Culpable Homicide

"Whosoever causes death,

• By doing an act with the intention of causing death, or
• With the intention of causing such bodily injury as 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."

Illustrations:

• A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, falls in and is killed. A has committed the offence of culpable homicide.
• A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z's death, induces B to fire at the bush. B fires and kills Z. Here, B may be guilty of no offence, but A has committed the offence of culpable homicide.
• A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B or to cause death by doing an act that he knew was likely to cause death.

Section 300: Murder

"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
• 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
• 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
• 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.

Illustrations:

• A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.
• A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause death of a person in a sound state of health.
• A, without any excuse, fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.

Distinction Between Culpable Homicide and Murder

1. In the case of Anda vs State of Rajasthan, the Hon'ble Supreme Court held:
   "In the scheme of the penal code, culpable homicide is genus and murder is species. Every murder is a culpable homicide but not vice versa."

2. Culpable homicide is the killing of a human being not amounting to murder.

   • It can be distinguished on the basis of the positive and definite intention of the offender in murder as compared to the not-so-positive and definite intention of the offender in culpable homicide.

3. The degree of preparation, the use of weapons, and the ferocity of injury are other distinguishing factors.

   • In culpable homicide, the injury inflicted may or may not cause death, but in murder, the degree of probability of death is quite high due to the inflicted injury.

Exceptions to Offence of Murder

The exceptions to Section 300 of the IPC reduce the offence of murder to that of culpable homicide not amounting to murder. These five exceptions are special exceptions in addition to the general exceptions mentioned in Chapter IV of the IPC.

The special exceptions are:

1. Provocation
2. Right of private defence
3. Exercise of legal powers
4. Absence of premeditation and heat of passion
5. Consent

These exceptions are not exactly defences but are in the nature of mitigating or extenuating circumstances.
The burden is on the accused to establish circumstances that would bring the case within any exception. However, the general burden of establishing the guilt of the accused lies on the prosecution.

Exception 1, Section 300 (Provocation)

"Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident."

Provisos:

1. The provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm.
2. The provocation is not given by anything done in obedience to the law or by a public servant in lawful exercise of their powers.
3. The provocation is not given by anything done in the lawful exercise of the right of private defence.

Explanation:
Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.

Illustrations:

a. A, under the influence of passion excited by provocation given by Z, intentionally kills Y, Z's child. This is murder, as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune.

b. Y gives grave and sudden provocation to A. A, on this provocation, fires at Y, but unintentionally kills Z, who is near him and out of sight. A has not committed murder but merely culpable homicide.

c. A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest and kills Z. This is murder, as the provocation was given by a lawful act of a public servant.

d. A attempts to pull Z's nose. Z, in exercise of the right of private defence, restrains A. A, in sudden and violent passion, kills Z. This is murder, as the provocation was given by an act done in lawful exercise of private defence.

e. Z strikes B. B, in rage, is provoked. A, intending to take advantage of B's rage, puts a knife in B's hand to incite him. B kills Z. Here, B may have committed only culpable homicide, but A is guilty of murder.

Essential Ingredients of the First Exception to Section 300:

1. The provocation must be grave and sudden and should not originate from the accused.
2. It must deprive a reasonable person (not one unusually excitable or hot-tempered) of self-control.
3. The act of killing must be done under the immediate impulse of provocation.
4. There must be no deliberation or cooling-off period.
5. The death must result from provocation caused by the deceased or by mistake/accident.
6. Mere words, gestures, or confessions may suffice for provocation in some cases (e.g., KM Nanavati v. State of Maharashtra, AIR 1962 SC 605).

Exception 2, Section 300 (Right of Private Defence)

"Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more than is necessary for the purpose of such defence."

This exception applies when:

1. The death is caused without premeditation.
2. The death is caused while exercising the right of private defence.
3. The accused exceeds the power given to them by law.
4. There is no intention to cause unnecessary harm.

Exception 3, Section 300 (Exercise of Legal Powers)

Ingredients:

1. The accused must be a public servant.
2. The accused must believe in good faith that the act was lawful and necessary for discharging their duties.
3. The accused must bear no ill-will toward the deceased.

Example:
Where a police officer shoots and kills a suspected thief attempting to escape, believing it is necessary to prevent further crime, the case may fall under Exception 3.

Exception 4, Section 300 (Sudden Quarrel)

"Culpable homicide is not murder if it is committed:

1. Without premeditation.
2. In a sudden fight.
3. In the heat of passion upon a sudden quarrel.
4. Without taking undue advantage or acting in a cruel or unusual manner."*

Explanation:
It is immaterial which party offers the provocation or commits the first assault.

Example:
If, in the heat of the moment, a person causes fatal injuries during a sudden quarrel, they may benefit from this exception if no undue advantage was taken.

Exception 5, Section 300 (Death by Consent)

"Culpable homicide is not murder when the person whose death is caused, being the age of eighteen years, suffers death or takes the risk of death with his own consent."

Illustration:
A induces Z, under eighteen years old, to commit suicide. A has abetted murder, as Z could not legally give consent.

Essential Elements:

1. The deceased must have given unconditional and informed consent.
2. Consent must not be given under fear or misconception of facts.

Example:
If a person requests to be killed due to unbearable circumstances, the consent must be carefully examined to determine its validity.