In the scheme of the Penal Code, culpable homicide is genus and murder its
specie. All murder is culpable homicide but not vice-versa.
Section 299 and Section 300 IPC deal with the definition of Culpable Homicide
and murder.
The word comes from Latin where homo means man and cede means I cut. Thus,
homicide means the killing of a man by man. The homicide may be lawful or
unlawful. Culpable homicide means death through human agency punishable by law.
All murders are culpable homicide but not all-culpable homicide is murder. So
practically, there is no difference between culpable homicide and murder. The
question that arises is whether an offence is a murder or culpable homicide not
amounting to murder. Lawful homicide will set the culprit free.
It may further be classified into:
- Excusable homicide
- Justifiable homicide.
Homicide is unlawful when the death is caused by an intentional act. Whoever
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 caused. Z believing
the ground to be firm, treads on it, 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.
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, shall be deemed to have caused his death.
Explanation 2: where death is caused by bodily injury, the person who
causes such bodily injury shall be 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 a child in the mother's womb
is not homicide. But it may amount to culpable homicide to cause the death of a
living child, if any part of that child has been brought forth, though the child
may not have breathed or been completely born.
The important elements of culpable homicide are:
- Causing death: With the intention of causing death,
- By doing an act: With the intention of causing such bodily injury
as is likely to cause death, or
- The act of death must be done: With the knowledge, that such act
is likely to cause death.
There are two classes of culpable homicide:
- Culpable Homicide Amounting to Murder: Known as simple murder.
- Culpable homicide not amounting to Murder:
There is necessarily a criminal or knowledge in both. The difference does
not lie in quality; it lies in the quantity or degree of criminality closed
by the act. In murder, there is greater intention or knowledge than in
culpable homicide not amounting to murder.
Section 300 of the Indian Penal Code - 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
- If it is done 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
- If it is done 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.
Delhi December 16, 2012 Gang Rape in Bus Case - In this case of brutal,
barbaric gang rape, unnatural sex and assault leading to death of victim,
principles of balancing of aggravating and mitigating circumstances, applied and
death sentence confirmed even though there were many mitigating factors, Mukesh
vs State (NCT of Delhi), (2017) 6 SCC 1.
Distinction between Culpable Homicide and Murder
According to Sir James Stephen, the definition of culpable homicide and murder
are the weakest part of the code, as they are defined in forms closely
resembling each other and times it becomes difficult to distinguish between the
two, as the causing of death is common to both. However, the difference between
culpable homicides is real though very fine and based upon a very subtle
distinction of the intention and knowledge involved in these crimes. The true
difference lies in the degree, there being the greater intention or knowledge of
the fatal consequences in the one case than the other.
Melvil J. made the distinction between sections 299 and 300 clear in
Reg. vs
Govinda [1876 ILR Bom 342]. In this case the accused had knocked his wife
down, put one knee on her chest, and struck her two or three violent blows on
the face with the closed fist, producing extraversion of blood on the brain and
she died in consequence, either on the spot, or very shortly afterwards, there
being no intention to cause death and the bodily injury not being sufficient in
the ordinary course of nature to cause death. The accused was liable for
culpable homicide not amounting to murder.
Murder Or Culpable Homicide Not Amounting To Murder
The difference between these two offences is a difference of degree not of form.
The degree of intention or knowledge determines the nature of the offence,
whether it is murder or culpable homicide.
Where the degree of such intention or knowledge stands at zero, the act causing
such death shall be deemed to be negligence and it shall amount to neither
murder nor culpable homicide not amounting to murder.
Every act causing death is not murder, indeed it may be an offence even lesser
than culpable homicide, such as, hurt or any injury through negligence. All
acts, causing death are not necessarily murder or culpable homicide, though all
acts, amounting to murder or culpable homicide cause death.
The Supreme Court has expressed its regret that the distinction between murder
and culpable homicide not amounting to murder is often lost sight of resulting
in undue liberality in favour of undeserving culprits and emphasized that except
in cases covered by the five exceptions mentioned in Section 300 of the Penal
Code culpable homicide is murder if the act by which the death is caused is done
with the intention of causing death, or if the act falls within any of the three
clauses of Section 300, namely, 2ndly, 3rdly, and 4thly.
Where the constables with the intention to cause such bodily injury, as the
constables knew would cause his death beat the accused brought to the police
station, the injuries would fall under clause 2ndly of Section 300.
The distinction between murder and culpable homicide, between the grave and
simple forms has been well set out in the well-known leading case of Reg. v.
Govinda The accused knocked his wife down, put one knee on her chest, struck her
two three violent blows on the face with a closed fist causing extravasation of
blood resulting in her death. The issue was whether the offence disclosed by the
facts was murder or culpable homicide.
Section 299 of IPC:
A person commits culpable homicide, if the act by which the death caused is
done. Subject to certain exceptions, culpable homicide is murder, if the act by
which the death caused is done.
- With the intention of causing death;
- With the intention of causing such bodily injury as is likely to cause
death
Section 300 of IPC:
- With the intention of causing death;
- With the intention of causing such bodily knows to be likely to cause
the death of the person to whom the harm is caused;
- 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;
- With the knowledge that the act is so imminently dangerous that it must
in all probability cause death or such bodily injury as is likely to cause
death.
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