Culpable Homicide & Murder

LAW OF CRIMES- ASSIGNMENT
CULPABLE HOMICIDE AND MURDER
Introduction
Section 299 and Section 300 of Indian Penal Code deal with murder. All
murders are culpable homicides but all culpable homicides are not murders.
Culpable Homicide is genus and murder is its species, thus, murder is a
culpable homicide but all culpable homicide are not murder. The word
homicide is derived from Latin where homo means man while the meaning of
cide is I cut. Thus, the killing of a man by a man is the meaning of homicide.
Culpable homicide is punishable by law. Homicide can be lawful or unlawful.
Culpable homicide is further divided into two categories:
1) Culpable homicide amounting to murder.
2) Culpable homicide not amounting to murder.
Murder (Section 300)
Murder is defined under Section 300 of the Indian Penal Code. According to
this Act, culpable homicide is considered as murder if:
The act is committed with an intention to cause death.
The act is done with the intention of causing such bodily injury which the
offender has knowledge that it would result in death.
The person has the knowledge that his act is dangerous and would cause death
or bodily injury but still commits the act, this would amount to murder.
Ingredients of Murder
Causing death: There should be an intention of causing death,
Doing an act: There should be an intention to cause such bodily injury that is
likely to cause death, or
The act must be done: with the knowledge that the act is likely to cause the
death of another. Illustration- D intentionally gives a sword-cut to R that was
sufficient to cause the death of anyone in the ordinary course of nature. As a
consequence, R dies. Here, D is guilty of murder though he didn’t intend to
cause R’s death.
Culpable homicide (Section 299)
Culpable homicide is covered under Section 299 of the Indian Penal Code.
Culpable homicide means the act done by a person which causes the death of
another with an intention of causing death or causing such bodily injury that is
likely to cause death, or he has knowledge that the act committed by him is
likely to cause death, is said to commit the offence of culpable homicide.
Illustration- X induces Y to put the fire at the place having the knowledge that Z
was sitting behind a covered area. Here, X is liable for the offence of culpable
homicide, as he had prior knowledge that Z was present in that area and his
actions will lead to Z’s death. Here, intention makes X liable to culpable
homicide. Exceptions to Section 300 of IPC where culpable homicide is not
considered as murder
Sudden and grave provocation
If the offender is deprived of the power of self-control due to sudden and
grave provocation, and his act causes the death of the person who provoked or
death of any other person by accident or mistake.
This exception is subject to a certain provision, that is:
 That the provocation is not sought or is voluntarily provoked by the
offender to be used as an excuse for killing or causing any harm to the
person.
 That the provocation is not given by anything that is done in obedience
to the law, or by a public servant while exercising the powers lawfully of
a public servant.
 That the provocation is not done while doing any lawful exercise of the
right of private defence.
When the person exceeds his right to private defence
Where the act is committed to defend them from further harm. If the accused
intentionally exceeds his right to private defence, then he is liable to murder. If
it is unintentional, then the accused will be liable to culpable homicide not
amounting to murder.
Culpable homicide in case of Public Servant
The act is done by a public servant who is acting to promote public justice. If
the public servant commits an act which is necessary to discharge his duty as is
done in good faith and he believes it to be lawful.
Sudden Fight
The sudden fight is when the fight is unexpected or premeditated. Both the
parties don’t have any intention to kill or cause the death of another. The fact
that which party had assaulted or offered a provocation first is not important.
Consent
If the act is committed with the consent of the victim. The consent should be
unconditional, unequivocal and without any sort of reservation. Illustration- An
instigated F who was under 18 years of age, to commit suicide. F was incapable
of giving consent to his own death. Therefore, A is guilty of murder.
Culpable Homicide in the exercise of good faith
Culpable homicide does not amount to murder if it is done in exercise of good
faith in order to protect the private or public property. If the act committed by
a person exceeds its power provided by law and kills someone in order to save
someone or something, then the act does not amount to murder.
Culpable Homicide by causing the death of the person other than the person
whose death was intended (Section 301)
Under Section 301 of IPC, Culpable Homicide amounts to murder even if the
person who was not intended to die, dies due to the act committed by the
perpetrator, though he had planned to murder someone else. In other words,
there is no distinction in the eyes of law between cases where the death is
caused to an intended person or whether it results in the death of an
unintended person.
Difference between Culpable Homicide (Section 299 of .IP.C) and Murder
(Section 300 of I.P.C)
No Culpable Homicide Murder
A person commits Culpable

1 Subject to certain exceptions,
homicide if the act by which
culpable homicide is murder
the death is caused is done. if the act by which the death
is caused is done
a) With the intention of a) With the intention of

Causing death; or causing death;
b) With the intention b) With the intention of

causing such bodily causing such bodily injury
injury as is likely to as the offender knows to
cause death; or be likely to cause the
death of the person to
whom the harm is
caused;
c) With the knowledge that c) With the intention of

the act is likely to death causing bodily injury to
any person, and the
bodily injury intended to
be inflected is sufficient in
the ordinary cause of
nature to cause death.
d) With the knowledge that

the act is so imminently
dangerous that it must in
all probability cause
death, or such bodily
injury as likely to cause
death, and commits such
act without any excuse
for incurring the risk or
causing death or such
injury as aforesaid.

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LAW OF CRIMES- ASSIGNMENT

CULPABLE HOMICIDE AND MURDER

No Culpable Homicide Murder

A person commits Culpable

a) With the intention of a) With the intention of

b) With the intention b) With the intention of

c) With the knowledge that c) With the intention of

d) With the knowledge that

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