Wednesday, 23 May 2018

SHORT NOTES ON MURDER




The first offence against human life is culpable homicide. The word 'Homicide' comes from latin word 'homa' means man and 'cide' means cut. Killing of a human being by another human being is homicide.
Kinds if homicide- Homicide is either lawful or unlawful. Lawful homicide includes cases falling under the general exceptions that is S 76 to S 106.

Read important judgments on Murder.
Click here
S 299 of IPC defines culpable homicide as,Whoever causes death,
  1. with intention of causing death,
  2. with intention of causing such bodily injury as is likely to cause death.
  3. With knowledge that he is likely by such act to cause death.
    Explanation to S 299 of IPC.
Explanation 1:- A person who causes bodily injury to another who is labouring under a disorder,disease or bodily infirmity and thereby accelerates the death of that other,is deemed to have caused his death.
He must have known about the victim's condition and then must have accelerated his death.
Explanation 2 :- When death is caused by bodily injury, the person who causes such bodily injury is deemed to have caused the death,although by resorting to proper remedies and skillful treatment, the death might have been prevented.
Explanation 3:- The causing of the death of child in the mother's womb is not homicide. But it may amount to culpable homicide to cause death of a living child if any part of the child has been brought for forth,though the child may not have breathed or been completely born.
Murder(S 300-302)
S 300:- Culpable homicide is murder -
  1. if the act by which death is caused is done with the intention of causing death death,or
  2. if it is done with intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom harm is caused,or
  3. if it is done with intention of causing bodily injury and bodily injury intended to be afflicted is sufficient, in the ordinary course of nature to cause death,or
  4. if the offender knows that the act by which death is caused 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.
Culpable homicide is used as a generic term. All murders are culpable homicide,but all culpable homicide is not murder.
Dead body:- The mere fact that the dead body of the person who has been murdered is not found is not a ground for refusing to convict a person of murder. However in such a case, the strongest possible evidence as to the fact of murder should be forthcoming,before the accused is convicted of murder.
WHEN CULPABLE HOMICIDE IS NOT MURDER (S 300,EXCEPTIONS 1TO 5)
S 300 lay down five different circumstances under which the offence of murder is reduced to that of culpable homicide not amounting to murder. Strictly speaking ,they are not exactly defences,but they are in the nature of extenuating or mitigating circumstances to be proved by accused,which will reduce the offence of murder to that of culpable homicide not amounting to murder.
The circumstances(exceptions to S 300 of IPC) which reduces the offence of murder to that of culpable homicide not amounting to murder are:-
  1. Grave and sudden provocation- Exception 1 to S 300 of IPC :- 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 of any other person by mistake or accident provided that the provocation-
    - is not sought or voluntarily provoked as an excuse for killing for killing or doing harm;or
    -is not given by anything done-
    a)in obedience to the law,or
    b)by a public servant in the lawful exercise of his powers;or
    c)in the lawful exercise of right of private defence.
    Whether provocation was grave and sudden enough to prevent an offence from amounting to murder is a question of fact and not of law.
  2. Exceeding right of private defence- Exception 2 to S 300 of IPC:- Culpable homicide is not murder if the offender in the exercise in good faith of right of private defence exceeds the legal limit and causes the death of person without pre-meditation and without any intention of doing more harm than necessary.
  3. Public servant exceeding his powers- Exception 3 to S 300 of IPC:- Culpable homicide is not murder if the offender, a public servant (or person aiding a public servant) exceeds his legal power and causes death by an act believed by him in good faith to be lawful and necessary for the due discharge of his duty and without ill-will towards the person killed.
  4. Sudden fight- Exception 4 to S 300 of IPC:-
    Culpable homicide is not murder,if it is committed without premeditation,in a sudden fight, in the heat of passion,upon a sudden quarrel,and without taking undue advantage,or acting in a cruel manner.
  5. Death caused with victim's consent- Exception 5 to S 300 of IPC:- Culpable homicide is not murder if the person killed(being above eighteen years of age) suffers death or takes risk of death with his own consent.
What is difference between murder and culpable homicide?


 Under Indian penal code culpable homicide is a genus and murder is the species.Whether the offence is culpable homicideor murder depends up the degree of risk to human life. If death is a likely result,it is a culpable homicide; if it is the most probable result,it is murder.


Print Page

No comments:

Post a Comment