Culpable Homicide

May 4, 2023

This article is written by MS. ROSHANI CHAUDHARY studying in 2^nd year of B.A.LL.B[HONS] of University of Rajasthan, five year law college, Jaipur.

Section 299 of IPC says that whoever causes death by doing an act with the intention of causing death or with the intention of causing 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.

Section 300 of IPC says that 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 a person to who 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 is committing the act knows, that it is so imminently dangerous that it must in all probability, cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.

The important elements are:-

1) Causing of death of a human being.

2) Such death must have been caused by an act

i. With the intention of causing death; or

ii. With the intention of causing such bodily injury as is likely to cause death; or.

iii. With the knowledge that the doer is likely by such an act to cause death.

LAWFUL HOMICIDE:

Lawful homicide is defined as a culprit in a case of homicide cannot always be culpable. This derives the notion of lawful homicide where the accused has a valid reason to commit the crime. In these cases, the person will not tried by the law and can also be exempted from the charges.

A homicide is considered to be justified, if death is caused

i) by a person who is bound or by mistake of fact, in good faith believes himself to be bound by law (Section 76 of I.P.C.), or

ii) by a person who acts pursuant to a lawful authority or by reason of mistake of fact in good faith he believes himself so authorized (Section 79 of I.P.C.), or

iii) by a judge when acting judicially in the exercise of any power which he possesses or in good faith believes that he possesses under the law (Section 77 of I.P.C.), or

iv) by a person acting in pursuance of the judgment or order of court of a justice (Section 78 of I.P.C.), or

v) by a person acting with no criminal intention to cause harm and in good faith to avert other harm to person or property (Section 81 of I.P.C.), or

vi) by a person exercising his right of private defence (Section 96 to 106 of I.P.C.)

UNLAWFUL HOMICIDE:

Unlawful homicide may include death by rash and negligent act, suicide[ sec 309 ] or culpable homicide.

i) Culpable Homicide (Sections 299 and 304 of I.P.C.)

ii) Murder (Sections 300, 302 of I.P.C.)

iii) Culpable Homicide not amounting to murder (Exceptions I to v of Section 300 of I.P.C.)

iv) Culpable Homicide by causing death of person other than intended (Section 301 of I.P.C.)

v) Death by negligence (Section 304A of I.P.C.)

vi) Dowry Death (Section 304B of IPC)

vii) Abetment and Attempt of Suicide (Section 306 to 309 of I.P.C)

viii) Thug (Sections 310 and 311 of I.P.C.)

CULPABLE HOMICIDE AMMOUNTING TO MURDER:

Section 300 of I.P.C. deals with culpable homicide amounting to murder. In other words the section 300 of I.P.C. states that culpable homicide is murder in certain situations. An act to be classified as murder it must first meet all the conditions of culpable homicide.

Culpable homicide is murder —

➢ If the act by which the death is caused is done with the intention of causing death, or

➢ 2ndly 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

➢ 3rdly 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

➢ 4thly 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.

CULPABLE HOMICIDE NOT AMMOUNTING TO MURDER:

Section 300 of I.PC. states five exceptions which are examples better to say various situations under which culpable homicide does not amount to murder.

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-
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.
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.

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’s 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.

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.

LANDMARK JUDGEMENT OF CULPABLE HOMICIDE:

Ram Kumar v. State of Chhattisgarh

In this case, the appellant falls so madly in love with his sister-in-law that one day before her marriage he called her in a field and hit her head with an axe. The girl went running towards her house and then went to the police office to file an FIR. After that she was taken to the hospital but she died on the way. The court tried to dwell on the legal nature of the FIR as to whether the same was admissible as evidence of dying declaration.

The court relied on Dharam Pal v. State of U.P. observed that an FIR can be considered as a dying declaration if the victim dies before appearing in front of the court. The appellant, in this case, was punished by the District Court under section 302 of the Indian Penal Code (punishment for murder) but the accused filed a criminal appeal in the High Court against the judgment of the District Court, herein the court, after looking at the post mortem report which showed that if the girl would’ve reached the hospital early she could have been saved, he altered the conviction of the appellant and sentenced him under section 304 part I Indian Penal Code(Culpable Homicide not amounting to Murder).

Bhagwan Singh v. State of Uttarakhand

5 people were hurt and 2 of them succumbed to their injuries because of celebratory gunfire. C.J.I S.A. Bobde, BR Gavai and Surya Kant, JJ said: –

There is a rise in the incidents because of celebratory firing as they are seen as a status symbol. A licensed gun that is to be used for protection should not be used in celebratory events as it can turn to be very fatal.

According to the evidence collected the accused held the gun towards the roof of the house unfortunately the bullets got deflected and injured. The accused pleaded not guilty as he had no intention to cause anyone’s death. The court noticed that the accused was carrying a loaded gun in public and he did not take proper care of his surroundings. He must’ve had an idea that the pellets could deflect and hurt someone. The court held him guilty. The offense amounted to culpable homicide under Section 299 of IPC, punishable under Section 304 Part 2 of the IPC.

REFERENCES:

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May 4, 2023