Culpable Homicide and Murder
Culpable Homicide and Murder
Author : Sandeep Rana
Introduction
Homicide words originate from Latin word “homo” which means human and “caetere” means killing. Since day 1, the act of homicide is a part of human life. It is a most grievous act committed by a person as the highest order of bodily injury inflicted on another human being. Homicide means killing of another human being. Law distinguishes between lawful and unlawful homicide. In lawful homicide, the law will set the culprit free in case of killing in self-defence or by reason of a mistake of fact or in pursuance of lawful authority. Likewise, if death is caused by accident or misfortune or while doing an act in good faith and without any criminal intention for the benefit of the person killed, the man is excused from criminal responsibility for homicide.[i] Lawful homicide may include excusable and justifiable homicide. In unlawful homicide, the death is called with the intention or knowledge to cause death like death by rash and negligent act (section 304A of IPC) and suicide (section 309 IPC) or culpable homicide (Section 299 of IPC).
Culpable homicide is divided into two categories-
- Culpable Homicide amounting to murder
- Culpable Homicide not amounting to murder
Culpable homicide not amounting to Murder
“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[ii]”
Illustration
A lays stick and turf over a pit with the intention of causing death, or with the knowledge that the death is likely to be caused. B believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.
Essential ingredients of culpable homicide
These three essential ingredients which must be satisfied, while proving that the person is liable for culpable homicide not amounting to murder.
- Firstly, there must be a death of a person.
- Secondly, such death must have been caused by an act of another person.
- Thirdly, the act of death must be done-
- With the intention of causing death.
- Or with the knowledge of causing a bodily injury which is likely to cause death
- Or with the knowledge that such an act is likely to cause death.
Case laws
- Narasingh vs. the State of Haryana[iv]
It was held in this case that section 299 of Indian penal code is genus and section 300 of Indian penal code is species. All murders are culpable homicide but are not vice versa. The court observed in this case that “for the purpose of fixing or deciding punishment, which will be appropriate to the gravity of the offence, IPC has recognized three degrees of culpable homicide. First one is murder which is the gravest form of culpable homicide defined under section 300. And second is, Culpable homicide of second degree which is punishable under section 304 part 1 of IPC and next is the culpable homicide of third degree which is the lowest type of culpable homicide which is punishable under section 304 Part 2 of IPC.
- Surajmal vs. state of Haryana[v]
It was held in this case that the accused will be guilty of Murder, wherein the opinion of the doctor, the injuries were sufficient to cause death. In this case, the accused had attacked the victim by stick and one single stroke proved fatal.
Section 304 of IPC (Punishment for culpable homicide not amounting to murder)
- If it is proved that the person has committed culpable homicide not amounting to murder, he shall be liable for punishment with imprisonment for life or imprisonment for a term which may extend to 10 years or shall not be liable to fine.
- This offence is cognizable, non-compoundable and non-bailable and triable by Court of Session.
Section 308 of IPC (Attempt to commit culpable homicide)
- Whoever commits an act with such intention or such knowledge and under such circumstances, and if that act causes death, he would be guilty of culpable homicide not amounting to murder and he shall be liable for punishment that which can extend up to three years or with fine or both.
Culpable homicide amounting to Murder
Murder is a culpable homicide but all culpable homicide are not murder. The word murder is derived from the German word “mortha” which means secret killing. Murder is an aggravated form of culpable homicide. Section 300 of Indian penal code defines when the offence is murder and when it is culpable homicide not amounting to murder.
According to the act, culpable homicide is murder[vii] –
- If the act is done with the intention of causing death
- Or if the act was done with the intention of causing bodily injuries and when the offender has knowledge that it is likely to cause death
- if the person has the knowledge that his act is dangerous and would cause death or bodily injury but committed such act without any excuse for incurring the risk of causing death or such injury.
Illustration
A shoots B with the intention of killing him. B dies in consequence. A commits murder.
Essential ingredients
- There should be an intention of causing death
- There should be an intention to cause such bodily injury that is likely to cause death
- The act must be done.
Exceptions to Section 300 of IPC
These exceptions to Section 300 of the IPC section defines conditions when culpable homicide not amounting to murder
Exception 1
- Grave and sudden provocation
When the person is deprived of the power of self-control by sudden and Grave provocation, at the time of committing an offence, his actions caused the death of the person who graved the provocation or causes the death of any person by mistake or accident.
Exception 2
- Private defence
Culpable homicide will not amount to murder in cases where the offender causes the death of another person while exercising his right of private defence of person or property in good faith.
Exception 3
- Exercising legal power (public servant)
If the offender, being a public servant or aiding a legal servant while acting to promote public justice, cause someone’s death, by doing an act in good faith and believe it to be a lawful or necessary at that time.
Exception 4
- Sudden fight
Culpable homicide not amounting to murder if both the parties don’t have any intention to kill or cause the death of another at the time of sudden fighting, in the heat of passion upon a sudden quarrel.
Exception 5
- Consent
Culpable homicide not amounting to murder when the person whose death is caused, suffers death with his own consent, without any sort of reservation, and when he is above 18 years of age.
Punishment for murder or culpable homicide amounting to murder
- If it is proved that the person has committed the offence of murder or culpable homicide amounting to murder, then he shall be liable for the life imprisonment or death penalty and he shall also be liable to fine.
Section 307 of IPC (attempt to murder)
- Whoever commits an act with the intention or knowledge and that under such circumstances, that caused the death of a person shall be liable for punishment which can extend up to ten years and shall also be liable to fine.
Case laws
- Bachan Singh vs. the State of Punjab[viii]
Supreme Court held that the death penalty can be given only in rarest of rare cases.SC also described the situation in which the court can avail the resources of life imprisonment and then in which case the court has to go for the death penalty.
- Mukesh & Anr. vs State of NCT of Delhi[ix] (Nirbhaya case)
In this case, SC confirms the death penalty for the rape offenders so that court reflects public abhorrence of the crime.
Difference between murder and culpable homicide
- All murder is culpable homicide but all culpable homicide is a not murder.
- In culpable homicide, then the offender must have the intention of causing such bodily harm or injury which is likely to cause death. In Murder, the offender must be known that his actions will cause death or bodily injury will be sufficient in the ordinary course of nature to cause death.
- The degree of intention or knowledge determine the nature of the offence, whether it is a murder or culpable homicide. Where both such intention or knowledge stands at 0, such act shall amount to negligence, it shall neither a culpable homicide nor murder.
- Culpable homicide is genes while murder is a species.
- Culpable homicide is a wider term than murder.
- If the intention or knowledge is higher, then it should fall under murder otherwise it shall amount to culpable homicide.
- However it is difficult to arrive at any circumstances, demarcations or straitjacket difference between CH and murder.[x]
Conclusion
It comes to the conclusion that the culpable homicide is very vast and of practical utility. Every act causing death is not murder. Indeed, it may be offence even lesser than CH such as hurt or any injury through negligence .the court award death penalty only in rarest of rare cases when the offender is a threat to the society or the interest of justice and the court has also the power to reduce the punishment.
[i] Ratanlal & Dhirajlal, The Indian Penal Code, 1860P. 489 (35th Edition of 2017, LexisNexis, New Delhi
[ii]Section 299 of Indian Penal Code,1860
[iii] K.D. Gaur “ The Commentary on Indian Penal Code” ( 2nd ed 2013),Universal Law Publishing Co, New Delhi
[iv] Narasingh v. State CriLJ 2204, 1997 I OLR 243
[v] Surajmal v. state of Haryana AIR 2993 SC 231
[vi] K D Gaur, Criminal Law (8th Edition of 2015), Universal Law Publishing Co, New Delhi
[vii] Section 300 of Indian Penal Code,1860
[viii] Bachan Singh v. State of Punjab (1980) 2 SCC 684
[ix] Mukesh & Anr. v. State of NCT of Delhi (2017) 6 SCC 1
[x] PSA Pillas “ Criminal Law”,p.573 ( 12th edn-2014), Lexis Nexis, New Delhi,
