Culpable Homicide and Murder under IPC | Criminal Law for Judiciary Exams PDF Download

Introduction

• Homicide: Homicide refers to the killing of one human being by another. The term "homo" means a man and "cida" means to kill in Latin, collectively forming the term homicide. It's important to note that not all homicides constitute murder. In the Indian Penal Code, Section 299 addresses culpable homicide, which describes actions that involve the killing of a human but do not amount to murder.
• Murder: Murder is a form of homicide that involves the intentional killing of a person. While murder is a type of homicide, not all homicides are classified as murder. Murder is considered to be more severe, and the law typically imposes harsher penalties on murderers compared to those who commit culpable homicide. Section 300 of the IPC provides the definition of murder.

Difference Between Culpable Homicide and Murder

• Likeliness of Happening of Death.
• The crucial distinction between culpable homicide not amounting to murder and murder lies in the probability of death occurring as a consequence of the act.
• When the intention is to cause bodily harm that is likely to result in death.
• When the perpetrator has knowledge that their action is likely to cause death.

Ingredients of Culpable Homicide Amounting to Murder (Section 300)

• When the act is carried out with the intention of causing bodily harm that the offender knows will likely lead to the death of the victim.
• When the intention is to cause bodily harm and the harm intended is such that it is likely to cause death in the ordinary course of events.
• When the person committing the act is aware that it is so dangerously likely to cause death or severe bodily harm that it will almost certainly result in death.

The definitions in both sections emphasize the difference by using the terms "likely to cause death" in Section 299 and "knowledge of causing death" in Section 300.

Legal Precedents

• In the case of Nara Singh Challan vs. State of Orissa, the court established that Section 299 is a broader category, while Section 300 is a specific type of offense. Therefore, all culpable homicides can be considered murder, but not all murders are culpable homicides.
• In the case of Reg vs Govinda, where the accused struck his wife multiple times resulting in her death, the court ruled it as culpable homicide not amounting to murder since the act was not necessarily likely to cause death.

This paraphrased content aims to clarify the distinction between culpable homicide not amounting to murder and murder based on the likelihood of death resulting from the actions of the perpetrator. It also outlines the specific criteria outlined in Sections 299 and 300 of the law, with illustrative examples and legal precedents to enhance understanding.

Punishment

• In the legal case of State of A.P. v. R. Punnayya (1976), Justice Sarkaria delineated three degrees of punishment for culpable homicide.
• The most severe form of punishment corresponds to murder under Section 300.
• The second degree of punishment, outlined in Section 304 Part I, is comparatively less severe.
• The least severe punishment, classified as the third degree, is specified in Part II of Section 304.
• Courts determine the appropriate punishment based on whether the crime is classified as murder or culpable homicide.

This distinction in punishment severity serves to differentiate between various levels of culpability in criminal offenses. For example, murder, which carries the most severe consequences, is distinguished from culpable homicide by legal criteria that the courts carefully consider when delivering judgements. The categorization into three distinct degrees of punishment allows for a nuanced approach to sentencing, ensuring that the severity of the punishment aligns with the nature and circumstances of the crime committed.

Understanding the Source of Confusion

• Proving intention and knowledge in legal contexts can be extremely challenging, leading to confusion in distinguishing between different legal classifications such as culpable homicide and murder.
• The determination of whether an act is grave enough often hinges on specific facts and circumstances surrounding the case.
• The same action can be interpreted as either culpable homicide or murder based on the level of premeditation or planning involved.
• For instance, if an individual meticulously planned a murder, it would typically be classified as murder due to the clear intent to kill.
• On the other hand, if an act was committed in response to intense provocation, sudden anger, instigation by another individual, or out of fear for one's own life or the life of another, it would likely not be categorized as murder.
• Context and the mental state of the accused play crucial roles in determining the legal classification of an act.
• Legal outcomes can vary significantly based on the specific details of each case and the presence or absence of certain key elements.

Important Case Laws

Ram Kumar vs State of Chattisgarh

• Ram Kumar was initially convicted under Section 302 for the murder of his sister-in-law, who he struck on the head to prevent her from marrying. She went to the police after the incident but succumbed to her injuries later.
• The district court treated her statement to the police as a dying declaration and sentenced Ram Kumar under Section 302.
• On appeal, the High Court noted a delay between the incident and her death, questioning the direct cause of her demise from the head injury. As a result, the charge was reduced to Section 304, a second-degree punishment for culpable homicide not amounting to murder.

Bhagwan Singh vs State of Uttrakhand

• In this case, the accused fired celebratory shots at a roof during an event, leading to injuries and deaths when bullets ricocheted back.
• The accused argued lack of intent to harm, stating the shots were fired in celebration.
• The court found the act negligent considering the potential danger and the surrounding individuals, leading to a conviction under Section 302 Part 1 for culpable homicide not amounting to murder.

Macchi Singh vs State of Rajasthan

• This case emphasizes the severity of punishment based on certain aggravating factors.
• Examples of such factors include extreme brutality or cruelty in the crime, large-scale casualties, death due to caste-related motives, and the victim's vulnerability.
• Special considerations are given when the crime evokes intense community outrage or targets particularly vulnerable victims.

Important Sections for Easy Reference

Section 299 of the Indian Penal Code, 1860

• Defines culpable homicide as causing death by an act with the intention of causing death or bodily injury likely to cause death.
• Illustrations:
  • Example (a): A sets a trap, intending to cause death, leading to someone's accidental death.
  • Example (b): A knowingly puts someone's life at risk, causing their death indirectly.
  • Example (c): A shoots at an animal but accidentally kills a person.
• Explains situations where causing bodily injury accelerates death, and provides further clarifications on related scenarios.

Section 300 of the Indian Penal Code, 1860

• States that culpable homicide is murder under specific conditions, such as intent to cause death or bodily harm likely to cause death.
• Illustrations:
  • Example (a): A shoots Z with the clear intention to kill, resulting in Z's death.
  • Example (b): A strikes Z, knowing Z's health condition could lead to death from the injury.
  • Example (c): A inflicts an injury knowing it could cause death in a healthy individual.
  • Example (d): A recklessly fires into a crowd, causing death.
• Provides exceptions where culpable homicide is not considered murder, such as acts done under sudden provocation or in self-defense.

Exceptions to Murder under Indian Law

• Details exceptions where culpable homicide is not classified as murder, including cases of provocation, self-defense, public duty, sudden fights, and consented risk of death.
• Enumerates scenarios where the offender's actions, though causing death, do not fall under the definition of murder.