Murder and Culpable Homicide
Author : Prity Kumari, Central University of South Bihar
The term Murder and Culpable Homicide are the two most confusing concept in the Indian Penal Code, 1860. There is a very thin line difference between the terms. All murders are culpable homicide but all culpable homicides are not murders. In the arena of Penal Code, Culpable homicide is termed as genus while murder its specie. Section 299 and Section 300 of Indian Penal Code deal with the definition of culpable homicide and murder. The basic distinction between both the concepts lies in the degree of gravity with which the offence has been committed.
Culpable Homicide
The word ‘Homicide’ has been derived from the Latin word ‘homo’ meaning a human being and ‘ceadre’ which means to cut or kill. Thus, the meaning of homicide is the killing of human being by another human being. It may be lawful or unlawful. It may be happen by commission or omission that is by an overt or conscious act or failure to an act which may cause the deprivation of the life of the person. Section 299 of IPC,1860 deals with the offences of culpable homicide. It consists of both the physical and mental elements. Culpable homicide is defined as ““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”.[1]In simple terms, whenever any person does an act intentionally to cause death or having intention of causing such bodily injury that may cause death of such person, or having knowledge that his act may amount to death of such person then that act may be termed as Culpable homicide. But the culpable homicide exercised under the influence of general exceptions mentioned under section 76 to section 100 are said to be as lawful homicide.
The ingredients of culpable homicide are-
- Causing death- Intention or Knowledge must be present.
- Death must have been caused by the commission of such acts.
- Commission of act
- Intention of causing death or
- Intention of causing such bodily injury that may lead to death or
- Having knowledge that such act may cause death.
Knowledge in this regard can be inferred from the surrounding facts and conducts of the accused.
There are two classes of Culpable homicide:
(1) Culpable homicide amounting to murder and (2) Culpable homicide not amounting to murder.
Murder
It can be termed as an aggravated form of culpable homicide. As it has been mentioned earlier that all murders are culpable homicide but all culpable homicides are not murder. Thus, it becomes clear that the act of murder must satisfy all the conditions of the culpable homicide. Section 300 of Indian Penal Code,1860 deals with the definition of culpable homicide amounting to murder. It can be read as follows-
“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-
Secondly-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–
Thirdly-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–
Fourthly-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.”[2]
There are four situations in which culpable homicide may amounts to murder which are as follows-
- When the act has been done with the intention of causing death- In this case, the degree of intention should be high. The intention must be present and the intention must be to cause the death of the person and not only to harm or grievous hurt without intention of causing death.
- Infliction of bodily injury which may cause death of such person- In this situation, the offender is acknowledged of the fact that such type of act may cause not only harm to the victim but death may also occurred. It means that the offender knows likely to be the cause of the death.
- Bodily Injury that may cause death in the ordinary course of nature- it talks about those situation where there is bodily injury which in ordinary sequence of events may leads to the death of the victim.
- Commission of an imminently dangerous act without any reasonable reason- This type of situation occurred when the offender has done such act which has no any excuse in the law and that acts are itself wrong not only legally wrong but morally also.
Culpable homicide not amounting to murder
These are the few exceptions which are as follows-
- Acts done under grave and sudden provocation- For taking the plea of exceptions to section 300, there must be instances of grave and sudden provocation. In this situation, person loses his self control on account of some situation and causes the death of any person. The provocation in reference to this must be grave, sudden in such a manner that there is no any scope for mediation and lastly, the person taking the plea must not be aggressor.
- When private defence exceeded in good faith- when any person exceeds his right to private defence either with respect to the property or person in a good faith and that act causes the death of any person then the act is culpable homicide and not murder.
- Act of Public servant- when a public servant exceeds his duties or authority given to him or public servant assisting him exceeds the same then it would be considered as culpable homicide not amounting to murder.
- When death is caused in sudden fight or heat of passion- if the act has been done without premeditation in a sudden fight, in the heat of passion upon a sudden quarrel and the act must be free from the undue advantage.
Difference between Culpable homicide and Murder
The only difference is in the degrees of intention and knowledge. However, it is difficult to come at any strait jacket demarcation between these two offences.
According to Sir James Stephen, the definition of these two offences are the weakest part of the code, as they are defined in such a manner that they closely resembles each other and therefore, it becomes difficult to distinguish between these two as the causing of the death is common to both.
The distinction between section 299 and section 300 was made very clear by Melvil J. in Reg v. Govinda,[3], whereas in this case the offender had knocked his wife down, put his knee on her chest and struck her two or three violent blows on her face with the closed fist, producing extraversion of blood on the brain and as a result she died. The accused was held liable for culpable homicide not amounting to murder as there being no intention to cause death and the bodily injury is not being sufficient in the ordinary course of nature to cause death.
Conclusion
From the above discussion, it can be concluded that there is a very thin line difference between culpable homicide and murder. Culpable homicide is a wider term than the murder. These two concepts are very overlapping but the distinct offences. One must take care while deciding the matter of culpable homicide and murder that the degree of intention or knowledge plays a very vital role in this regard.
[1] Section 299, Indian Penal Code, 1860
[2] Section 300, Indian Penal Code, 1860.
[3] 1876 ILR Bom 342.
