This article is written by MS. ROSHANI CHAUDHARY of 3rd semester studying B.A.LL.B [hons] in UNIVERSITY OF RAJASTHAN, FIVE YEAR LAW COLLEGE, JAIPUR.

CULPABLE HOMICIDE NOT AMOUNTING TO MURDER

Section 299 defines 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.

There are three conditions which attracts S.299:

1. There should be an intention to cause death or
2. Causing such bodily injury which is likely to cause death or
3. Causing death by action, which is in his knowledge likely to cause death

Illustration

1. A induces B to put the fire at the place having the knowledge that C was sitting behind a covered area. Here, A is liable for the offence of culpable homicide, as he had prior knowledge that C was present in that area and his actions will lead to C’s death. Here, intention makes C liable to culpable homicide.
2. 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 bus. B fires and kills Z. Here B may be guilty of on offence, but A has committed the offence of culpable homicide.
3. A not knowing that D has a tumour in his brain, hits him hard on the head with a cricket bat, with the intention of causing death or with the knowledge that death is likely to be caused.  D dies because of the bursting of the tumour.  A is liable for culpable homicide not amounting to murder.

Cases:

1. In the case of Reg. v. Govinda, 1876 the accused had knocked down his wife, kept a knee on her chest and gave two to three violent blows with the closed fist on her face. This act produced extraversion of blood on her brain and afterwards, the wife died due to this. The act was not committed with the intention of causing death and the bodily injury was not sufficient to cause death in the ordinary course of nature. The accused was liable to culpable homicide not amounting to murder.
2. In the case of Jalluddin 1982 CR. L.J An Ojha (tantric) had beaten a girl to remove her off the ill effects of ghosts, however, she died here the Ojha was guilty of culpable homicide.
3. In the case of Kusa Majhi v/s State of Orissa 1985 Cr.LJ 1460 the deceased warned her son for not going fishing with others. The son got angry, brought an axe and gave blows on her shoulder after which she died. The blows were in fit of moment and anger and was no pre plan of the offence. Therefore, it was held to be a case of culpable homicide as the blows were likely to cause bodily injury which then caused death.
4. It was held in the case of Nara Singh Challan v. State of Orissa (1997) that Section 299 of the Indian Penal Code is the genus and Section 300 of the Indian Penal Code is the species. Hence, there are no independent sections regarding culpable homicide not amounting to murder it is the part of Section 300 of IPC which defines Murder. 

Thus,  the court observed that: “For deciding the proper punishment which is proportionate to the current offense, IPC has divided culpable homicide into three degrees. First is the gravest form which is Murder it is defined under section 300 of IPC, the second is the culpable homicide of the second degree which is punishable under Section 304 part 1 of IPC and Third is the lowest degree of culpable homicide which is punishable under Section 304 part 2 of IPC.”

Punishment for culpable homicide not amounting to murder

Whoever commits culpable homicide not amounting to murder shall be punished with 104[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

Under section 300 there are certain grounds when culpable homicide will not be amount to murder. These exceptions are stated as under:

1. Culpable Homicide by Grave and Sudden Provocation: 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 cause the death of any other person by mistake or accident.
2. In Exercising Private Defence: Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defense of person or property, exceeds the powers given to him by law and causes the death of the person against whom he is exercising such right of defense without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defense.
3. Power Exercise by the Public Servant: 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.
4. Culpable Homicide in Sudden Fight: 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.

1. Taking Risk by any Person above Eighteen Years: 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.

Aishwarya Says:

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