Culpable Homicide and Murder under IPC: Law, Exceptions and Landmark Judgments

 Under the IPC, every murder is culpable homicide, but every culpable homicide is not murder. The easiest interview formula is: first see whether Section 299 is made out; then ask whether the case falls in any of the four clauses of Section 300, and finally check whether any of the five exceptions to Section 300 reduce it to culpable homicide not amounting to murder.

Core distinction

The Supreme Court has repeatedly said that culpable homicide is the genus and murder is its species. In simple terms, murder is the more aggravated form of culpable homicide, where the intention or knowledge is of a higher degree.

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Bombay HC; Bail in Cases Involving Young Offenders: Balancing Justice, Rehabilitation, and Education

 Before me is the case of a young offender and as held above his exclusion from the normal educational stream for a period of time brings about unpleasant consequences and harm which in any case case amongst others is the purpose of any punishment. The Applicant before me has admitted the act by himself walking to the Police Station giving information to the Police. He could have even run away had be been of a different criminal tendency. At this stage, I am not considering its evidentiary value. The confessional statement when read would show that the Petitioner is contrite. He is a young adult offender. He clearly falls in the category of a young adult who has crossed his age of juvenility but is less than 21 years of age at the time when the offence is committed. It is widely recognised that younger the age of the offender, the lesser is its culpability. Therefore having regard to the totality of the circumstances before me at this stage, on prima facie consideration I am inclined to consider the Applicant's case. {Para 23}

24. It should also be noted that in a case where an offender is undergoing studies, his exclusion from education for a period of time is an added layer of punishment over and above what a non-student accused may be subjected to. This is because a student undergoing incarceration suffers loss of precious academic time which cannot be bartered for any wealth in the world. He also constantly witnesses his peers moving ahead in life than compared to him and when the frustration becomes insurmountable such frustration can create an emotion of rebellion, which, coupled with the exposure to criminality in prison, can easily gain traction and push him to become a hardened criminal.

25. This Court can only make an attempt and should make an attempt to positively impact the life of the Applicant before it. It is on the belief that the Applicant, having once gained the confidence of Court, would make a sincere attempt to reform and rehabilitate himself due to his academic credentials achieved in SSC and HSC exams and he studying the Management Degree Course despite heavy odds stacked against him. Considering the foregoing, I am of the opinion that the Applicant should be given a chance to make an attempt to demonstrate that he has reformed his conduct and is leading a law-abiding life with prospects of making a positive impact on society.

26. In view of the above, despite vehement objection raised by Ms. Ganapathy, learned APP to consider the facts of the case, I am inclined to grant bail to the Applicant before me in order to ensure that an opportunity is given to him complete his Management Degree studies on his release from prison in the next academic year and continue his education. If Applicant is released from jail the avenue will be open for him to continue his Management studies in the forthcoming academic year 2025-2026 and become a responsible citizen.

27. Taking an overall view as to how the incident may have transpired from the available material on record, I am prima facie of the opinion that the situation leading to the ultimate assault was a result of grave provocation because of the precursor incidents with respect to victim hurling repeated barrage of abuses not only on the Applicant but also his mother, which could not be handled by the Applicant's 20 year old adolescent mind at that stage.

28. Applicant undoubtedly may have committed the direful act as pointed by Ms. Ganapathy, learned APP but one would also have to consider the facts which unfolded resulting into the incident leading to the death of the victim. Applicant is a student of Management rather was a student of Bachelor of Management studying in Second Year and every attempt should be made by the Court by ensuring that Applicant is accorded an opportunity to continue and go back to his studies. 

 IN THE HIGH COURT OF BOMBAY

Bail Application No. 544 of 2024

Decided On: 03.02.2025

Tejas Shamsunder Shinde Vs. The State of Maharashtra

Hon'ble Judges/Coram:

Milind Narendra Jadhav, J.

 Citation: 2025:BHC-AS:5112, MANU/MH/0609/2025,2025 SCC ONLINE BOM 189

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Supreme Court Judgment in K.M. Nanavati v. State of Maharashtra (1962)

 The Supreme Court of India delivered a landmark judgment in the K.M. Nanavati case that fundamentally rejected the defendant's claims and upheld his conviction for murder.

Background and Lower Court Proceedings

Commander K.M. Nanavati, a naval officer, shot Prem Ahuja after discovering his wife's extramarital affair. Initially, the jury acquitted Nanavati with an 8:1 verdict under Section 302 of the Indian Penal Code. However, the sessions judge Mr. Ratilal B. Mehta considered this verdict perverse and referred the case to the Bombay High Court under Section 307 of CrPC. The High Court subsequently found Nanavati guilty of murder under Section 302 IPC and sentenced him to life imprisonment.

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What is distinction between the murder due to grave and sudden provocation or due to sustained provocation?

The concept of provocation, which is integral part of the offence of man-slaughter in English Criminal Law has been imported to Indian Criminal Law. In this regard, both the Legal Systems are common. The reasons are obvious. The pivotal point in "provocation" is the offender having lost his mental balance, self-control due to the provocation caused to him or the situations under which he was so placed. But it should not be a self created or induced one. {Para 29}

30. Under the English Criminal Law, the provocation must be grave and also sudden. But, by way of judicial thinking, the Indian Criminal Law has gone ahead. (K.M. Nanavathi Vs. State of Maharastra MANU/SC/0147/1961 : A.I.R. 1962 S.C. 605) In our system, there is the concept of "sustained provocation". It is concerned with the duration of the provocation. There may be incidents/occurrences, which are such that they may not make the offender suddenly to make his outburst by his overt act. However, it may be lingering in his mind for quite sometime, torment continuously and at one point of time erupt, make him to lose his self control, make his mind to go astray, the mind may not be under his control/ command and results in the offender committing the offence. The sustained provocation/frustration nurtured in the mind of the accused reached the end of breaking point, under that accused causes the murder of the deceased.

31. In Boya Munigadu Vs. The Queen ILR 3 MAD 33, this Court held that the State of the mind of the accused, having regard to the earlier conduct of the deceased, may be taken into consideration in considering whether the subsequent act would be sufficient provocation to bring the case within the Exception.

32. In In Re, C. Narayan MANU/AP/0044/1957 : A.I.R. 1958 A.P. 235, it was held that the mental state created by an earlier act may be taken into consideration in ascertaining whether a subsequent act was sufficient to make the assailant to lose his self - control.

33. These aspects were also discussed in NANAVATI (supra) with reference to several English and Indian cases on the aspect of sudden provocation.

34. In Suyambukkani v. State of Tamil Nadu MANU/TN/0504/1989 : 1989 LW (Crl.) 86, it is held as under :-

Though there has been here and there attempts in those decisions to bring the sustained provocation under Exception 1 to Section 300, I.P.C., there is a cardinal difference between provocation as defined under Exception I and sustained provocation. The only word which is common is 'provocation.' What Exception I contemplates is a grave and sudden provocation, whereas the ingredient of sustained provocation is a series of acts more or less grave spread over a certain period of time, the last of which acting as the last straw breaking the camel's back may even be a very trifling one. We are, therefore, far from grave and sudden provocation contemplated under Exception 1 to S. 300, I.P.C. Sustained provocation is undoubtedly an addition by Courts, as anticipated by the architects of the Indian Penal Code.

35. In Sankaral Alias Sankarayee V. State MANU/TN/0554/1989 : 1989 L.W. (Crl.) 468, a Division Bench of this Court has held as under:-

When there is positive evidence to show that there was grave and sudden provocation at or about the time of occurrence, there would be no difficulty in applying the said principles. There are other type of cases, where there has been sustained provocation for a considerable length of time and there would not have been a real sudden provocation immediately preceding the murder. In such cases, the Courts have given the benefit of Exception 1 to Section 300, I.P.C. on the ground that the provocation which is the route cause for the commission of the offence need not arise at the spur of the moment.

36. In Chandran, In Re 1988 Mad LW (CRL.) 113 another Division Bench of this Court, while considering the sustained, sudden and grave provocation, would hold as follows :-

As the prosecution itself is relying on the confessional statement of the accused under Section Ex. P-13, we have no reservation in accepting the case of the accused that he cut the deceased on account of the sudden and grave provocation caused by the deceased and also on account of the sustained provocation the accused has been nurturing for a long period because of the conduct of the deceased in having illicit intimacy with his wife. Hence, we hold that the accused is entitled to Exception 1 to Section 300, I.P.C.

37. In Guruswami Pillai V. State 1991 (1) M.W.N. (Crl.) 153, at page 157, another Division Bench of this Court has held as follows :

Therefore, though technically the exceptions to Section 300 I.P.C. appear to be limitative they can no longer be considered so, after efflux of time. In fact, Courts have added one more exception known as "sustained provocation'... Now that it is clear that the exceptions under S. 300, I.P.C. are not limitative, we have to examine whether Nallathangal's syndrome can be considered as one of the exceptions. Since the Code in the structure makes the exceptions limitative, Courts have to show restraint on circumspection in adding exceptions and such additions should be ejusdem generis.

38. In Chinnan @ Chinnaswami and Another V. State (1995) (2) M.W.N. (Cr.) 178, another Division Bench of this Court, after referring to the decisions mentioned above, has held as under :-

While we accept the suggestion that the last straw could be considered as grave and sudden in a series of provocations, we are of the opinion that the last straw should at least be in the nature of provocation referred to in the earlier case reported in MANU/TN/0410/1987 : 1988 L.W. (CRL.) 113.

39. These decisions would show that the Court could add the 'sustained provocation' as one of the Exceptions to Section 300 of the Indian Penal Code.

 IN THE HIGH COURT OF MADRAS

Criminal Appeal (MD) No. 30 of 2011

Decided On: 08.02.2012

Poovammal Vs. State

Hon'ble Judges/Coram:

Mr. Justice N. Paul Vasantha Kumar and  Mr. Justice P. Devadass

Author: P. Devadass, J.

Citation:  MANU/TN/0189/2012.

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Leading Supreme Court judgment on distinction between murder due to grave and sudden provocation and due to sudden fight

For bringing in operation of Exception 4 to Section 300 IPC, it has to be established that the act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner.{Para 9}

10. The Fourth Exception to Section 300 IPC covers acts done in a sudden fight. The said Exception deals with a case of prosecution not covered by the First Exception, after which its place would have been more appropriate. The Exception is founded upon the same principle, for in both there is absence of premeditation. But, while in the case of Exception 1 there is total deprivation of self-control, in case of Exception 4, there is only that heat of passion which clouds men's sober reason and urges them to deeds which they would not otherwise do. There is provocation in Exception 4 as in Exception 1; but the injury done is not the direct consequence of that provocation. In fact Exception 4 deals with cases in which notwithstanding that a blow may have been struck, or some provocation given in the origin of the dispute or in whatever way the quarrel may have originated, yet the subsequent conduct of both parties puts them in respect of guilt upon equal footing. A "sudden fight" implies mutual provocation and blows on each side. The homicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side. For if it were so, the Exception more appropriately applicable would be Exception 1. There is no previous deliberation or determination to fight. A fight suddenly takes place, for which both parties are more or less to be blamed. It may be that one of them starts it, but if the other had not aggravated it by his own conduct it would not have taken the serious turn it did. There is then mutual provocation and aggravation, and it is difficult to apportion the share of blame which attaches to each fighter. The help of Exception 4 can be invoked if death is caused ( a ) without premeditation; ( b ) in a sudden fight; ( c ) without the offender having taken undue advantage or acted in a cruel or unusual manner; and ( d ) the fight must have been with the person killed. To bring a case within Exception 4 all the ingredients mentioned in it must be found. It is to be noted that the "fight" occurring in Exception 4 to Section 300 IPC is not defined in IPC. It takes two to make a fight. Heat of passion requires that there must be no time for the passions to cool down and in this case, the parties have worked themselves into a fury on account of the verbal altercation in the beginning. A fight is a combat between two or more persons whether with or without weapons. It is not possible to enunciate any general rule as to what shall be deemed to be a sudden quarrel. It is a question of fact and whether a quarrel is sudden or not must necessarily depend upon the proved facts of each case. For the application of Exception 4, it is not sufficient to show that there was a sudden quarrel and that there was no premeditation. It must further be shown that the offender has not taken undue advantage or acted in cruel or unusual manner. The expression "undue advantage" as used in the provision means "unfair advantage".

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1535 of 2007.

Decided On: 13.11.2007

Thankachan and Ors. Vs. State of Kerala

Hon'ble Judges/Coram:

Dr. Arijit Pasayat and P. Sathasivam, JJ.

Author: Arijit Pasayat, J.

Citation: AIR 2008 SC 406, MANU/SC/8106/2007.

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When culpable homicide will not amount to Murder?

The weapon used in the fight between the parties is ‘Kirpan’ which is used by ‘Amritdhari Sikhs’ as a spiritual tool. In the present case, the Kirpan used by the appellant-accused was a small Kirpan. In order to find out whether the instrument or manner of retaliation was cruel and dangerous in its nature, it is clear from the deposition of the Doctor who conducted autopsy on the body of the deceased that stab wounds were present on the right side of the chest and of the back of abdomen which implies that in the spur of the moment, the appellant-accused inflicted injuries using Kirpan though not on the vital organs of the body of the deceased but he stabbed the deceased which proved fatal. The injury intended by the accused and actually inflicted by him is sufficient in the ordinary course of nature to cause death or not, must be determined in each case on the basis of the facts and circumstances. In the instant case, the injuries caused were the result of blow with a small Kirpan and it cannot be presumed that the accused had intended to cause the inflicted injuries. The number of wounds caused during the occurrence is not a decisive factor but what is important is that the occurrence must have been sudden and unpremeditated and the offender must have acted in a fit of anger. Of course, the offender must not have taken any undue advantage or acted in a cruel manner. It is clear from the materials on record that the incident was in a sudden fight and we are of the opinion that the appellant-accused had not taken any undue advantage or acted in a cruel manner. Where, on a sudden quarrel, a person in the heat of the moment picks up a weapon which is handy and causes injuries, one of which proves fatal, he would be entitled to the benefit of this Exception provided he has not acted cruelly.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

(Before A.K. Sikri and R.K. Agrawal, JJ.)

Surain Singh .

v.

The State of Punjab .

Criminal Appeal No. 2284 of 2009

Decided on April 10, 2017

Citation: 2017 SCC ONLINE SC364

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