This article has been written by Ms. Muskan Chugh, a student studying Ll.B. from Department of Laws, Panjab University, Chandigarh. The author is a 2nd year law student.
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.
Murder is defined in section 300 of Indian Penal Code,1860 which explains it as the aggravated form of culpable homicide. In simple terms murder means killing someone with the intention to kill that person and not by mistake. If the person has the knowledge that the act done by him/her is likely to cause death, that also constitutes murder.
Ingredients
- Intention – Mens rea is an important aspect of the criminal law in India. To prove an offence, it is important to prove that the accused had the intention to cause that harm beyond reasonable doubt. It is generally taken up as if the act is done by a person without any intention of causing the result which has so occurred, then that person is not guilty (exceptions are there). In murder also, there should be intention on the part of accused to cause the death.
- Cause of death- The accused should have knowledge that the act done by him can turn out to be the cause of death for the deceased.
- Bodily injury – There should be intention to cause such bodily harm as likely to cause death.
Punishment
Whoever commits murder shall be punished with death or [imprisonment for life], and shall also be liable to fine.
Section 302 of IPC explains the punishment for murder. According to this section, whoever commits murder will be punished with-
Death penalty; or
Life imprisonment
And fine
Case
Bachchan Singh v state of Punjab, 1980
The Hon’ble Court in this landmark case held that death penalty is given in the rarest of rare cases. That death penalty is an exception and it cannot be the rule. The court in this case upheld the death penalty of Bachchan Singh keeping in view the facts of the case.
CULPABLE HOMICIDE
Section 299 of IPC states that, “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.”
Any person who causes the death of any person without the intention of causing it, it amounts to culpable homicide. It can be said that there are some exceptions of murder. Those exceptions stand in the category of culpable homicide. It is as follows-
Exceptions
- Severe and sudden provocation – If there is grave and sudden provocation to the offender and in the heat of which death is caused without the intention, it is an exception for murder and it amounts to culpable homicide. But there is no provocation in case a person is doing his/her legal duty or on a person exercising his/her right of private defence. In this case, it leads to murder.
- Personal defence- Section 100 of IPC provides the provision of self defence extending to death of a person as a defence but it is to be read with sec 99, which includes some restrictions. It allows that death of the deceased is not murder of caused in the situations of-
- Rape
- acid attack
- kidnapping
- satisfaction of unnatural lust
- grievous hurt
Because in all such cases, the deceased is the wrongdoer in the first place and the accused had just acted in self defence
- Exercise of legal power – when a person who is legally bound to do some act and in pursuance of that act, causes death of somebody without the intention, that does not amount to murder.
- Sudden fight- It means that the fight was not at all pre determined and happened in heat of the moment, this would amount to homicide.
Punishment
Section 304 A of IPC states the punishment for culpable homicide as imprisonment for life or imprisonment which may extend up to ten years and with fine.
Does these affect our Fundamental rights?
Both of these, Murder and Culpable homicide violates Article 21 of human beings which states that, “no person shall be deprived of his life or personal liberty except according to the procedures established by law.”
It takes away the basic fundamental right of Right to life from the person who is the victim in this case. No one has the right to take away anyone’s life even at the time of necessity.
Difference between Murder and Culpable homicide
Though the end result of both of them is same, i.e., death but there is difference between these two terms. It is explained by the court in different cases.
- Mohd. Rafiq @ kallu v. State of Madhya Pradesh, 2021
The Court in this case held that the end result of both the acts is same but there is a slight line of distinction between them. The difference is of the INTENTION and KNOWLEDGE that in murder, the accused had the intention/ mens rea to kill the person in front but in homicide, there is no such intention but it just happens in the moment. The knowledge that certain act will lead to death is certain in case of murder but not in case of homicide. It is likely very less.
- State of Andhra Pradesh v. Rayavarapu punnayya and another
The Court in this case held that Culpable homicide is a genus and murder is a specie. In other terms, all murder is culpable homicide but not all homicide is murder. This can be illustrated with the help of diagram below-
Conclusion
Hence, culpable homicide and murder are two different concepts whose end result is same but the ingredients and punishments are different for both. The Court had at a number of times whenever the need aroused, given the difference between these two.
References
Indian Penal Code, 1860
Constitution of India,1950
PSA Pillai Criminal Law
KD Gaur Criminal Law
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