in

Culpable homicide & Murder – Discussion of Genus and species

Murder

Introduction to the culpable homicide and murder

murder

Law students usually get confused with two topics, culpable homicide and murder because of the similarity of ingredients provided in the statute book and commentaries attached therewith.

even it is a matter of interest that most people also consider the death of a person because of another person is murder and unknowingly. Let’s have a look at the concepts of culpable homicide and murder within the statutes.

Culpable homicide not amounting to murder

The offence of culpable homicide not amounting to murder is provided under section 299 of the Indian Penal code-

Section 299 in The Indian Penal Code

299. Culpable homicide —

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) 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 thereby caused. Z believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.
(b) 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.
(c) 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.

Explanations

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 skilful treatment the death might have been prevented.
Explanation 3 —The causing of the death of the 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.
It is very clear from the underlined words that, the culpable homicide is focusing on the likeliness of the death with the intention of causing such injury, that may lead to death.

Culpable homicide amounting to murder-

culpable homicide, murder

The offence of Murder (culpable homicide amounting to murder) is defined under section 300 of the Indian Penal code.

Section 300 in The Indian Penal Code

300. 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—
(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.

Illustrations

(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.
(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been suffi­cient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death.
(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here, A is guilty of murder, although he may not have intended to cause Z’s death.
(d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.

Exceptions-

Exception 1.—When culpable homicide is not murder.—Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.
The above exception is subject to the following provisos:—
(First) —That the provocation is not sought or voluntarily pro­voked by the offender as an excuse for killing or doing harm to any person.
(Secondly) —That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exer­cise of the powers of such public servant.
(Thirdly) —That the provocation is not given by anything done in the lawful exercise of the right of private defence. Explanation.—Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.
Illustrations
(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills. Y, Z’s child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation.
(b) Y gives grave and sudden provocation to A. A, on this provo­cation, fires a pistol at Y, neither intending nor knowing him­self to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but a merely culpable homicide.
(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers.
(d) A appears as a witness before Z, a Magistrate, Z says that he does not believe a word of A’s deposition and that A has per­jured himself. A is moved to sudden passion by these words and kills Z. This is murder.
(e) A attempts to pull Z’s nose, Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence and kills Z. This is murder, in as much as the provocation was given by a thing done in the exercise of the right of private defence.
(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homi­cide, but A is guilty of murder.
Exception 2.—Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence.

Illustration

Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but an only culpable homicide.
Exception 3.—Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.
Exception 4.—Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.
Explanation.—It is immaterial in such cases which party offers the provocation or commits the first assault.
Exception 5.—Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.
Illustration-
A, by instigation, voluntarily causes, Z, a person under eighteen years of age to commit suicide. Here, on account of Z’s youth, he was incapable of giving consent to his own death; A has therefore abetted murder.
The offence of murder (culpable homicide amounting to murder) is inclusive of the ingredients of the culpable homicide, and the offender is having the complete knowledge of the fact that his act will certainly cause the death of the person in all-natural probabilities. 

Conclusion-

Culpable homicide is the genus and murder is species of the previous said. it is the speciality of Indian penal code that it is defining the genus offences first and species of offences secondly.

it is not out of place to mention here,  defining and understanding the offence of murder, it is advised to study and understand the offence of culpable homicide, which is the parent section of the murder.

Bare sections provided by – Indiankanoon

You may also like to read – When police may arrest without warrant

Image courtesy- Indian expressLawyersclubindia

What do you think?

Written by lawcrab

Lawcrab is the First Magazine focusing on making the law easier to understand for everyone.

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *

Loading…

0
AIBE 1

BCI notified the rules for no confidence- Read now

charge

What procedure taken by court before fixing charge in a criminal case