This article has been written by Ms Arundhathi G, a 3rd year BA LLB Student from Bharati Vidyapeeth Deemed to be University, New Law College, Pune.

Introduction 

 Sections 299 and 300 of the Indian Penal Code deal with murder. All murders are culpable homicides, but not all culpable homicides are murders. Culpable homicide is family, and murder is a type of it, so murder is culpable homicide, but not all culpable homicides are murders. 

 The word murder is derived from Latin, where man means man and cide means to cut. Thus, the killing of a man by a man is the purpose of murder. Death is punishable by law. Murder can be legal or illegal. 

 Murder (Section 300) 

 Murder is defined under Section 300 of the Indian Penal Code. According to this law, culpable homicide is considered  murder if: 

• The purpose of the act is to cause death.  • The purpose of the act is to cause bodily harm which the offender knows will result in death.  • A person knows that his action is dangerous and would cause death or bodily harm, but he does it anyway, that would be murder. The ingredients of murder 

 To establish a case of murder, there must be certain essential circumstances. The following ingredients are the basis for identifying an offence as murder under the Criminal Code: 

• Illegal act 

 The first ingredient of murder requires that the act causing the death must be unlawful. This means that the act itself is prohibited by law.  Various activities may constitute an unlawful act leading to murder, such as intentionally causing injury to another person, administering poison, or engaging in any activity knowing that it may cause death.  For example, if someone intentionally stabs another person resulting in their death, this is considered an illegal act. 

• Purpose 

 The intent is the deciding factor in determining a case of murder. The accused must have the intention to cause the death of another person or he must know that his act is likely to cause death.  It means a conscious desire or intention to cause fatal consequences. Intent may be inferred from the circumstances of the crime, the conduct of the accused or other relevant considerations. For example, if a person plans and carries out premeditated poisoning intended to cause his death, this shows the requisite intent to commit murder. Causation 

• Causation

It is an essential element of murder, which requires a direct link between the act accused and the death of the victim. The act charged must be the direct and immediate cause of the victim’s death.  If there is an event or cause that breaks the chain of causation, it can affect the charge of murder. However, if the act of the accused directly causes the death of the victim, satisfying causation, then this ingredient is established. 

• Lack of legal justification or excuse 

 The last ingredient of murder is the absence of legal justification or excuse for the action that caused the death. Certain situations, such as self-defence, compliance with a court order, or other permitted actions, may provide a legal basis or excuse for causing injury or death.  If the accused can prove that his actions were justified or excusable under the law, this can lead to a reduced charge or acquittal. However, if the act is outside the legal basis or pretext, this ingredient is fulfilled. Sections of the IPC dealing with murder 

 The IPC has several sections that deal with different aspects of murder. The main elements involved in the murder are: 

 Section 300 of the IPC 

 Section 300: This section defines murder and provides different categories based on the will and knowledge of the accused. It establishes the general principles of murder.  According to section 300 of the Act, a person murders if the act causing death is done with the intent to cause death or bodily injury causing death. It also includes cases where the act is done with the knowledge that it can cause death.  Section 300 divides murder into four different types: 

1. Premeditated murder: This occurs when the act causing death is done with the intention or intent to cause the death of the victim. 
2. Murder in connection with another crime: If the act causing death is committed in connection with another crime, even if it was not specifically intended to cause death, it is still considered murder.  
3. Murder causing bodily harm likely to cause death: If the act intends to cause bodily harm to the victim, but the offender knows that such an act is likely to cause death, it falls under this category.  
4. Murder committed by an act dangerous to the mind: This category includes cases where the act is committed with the knowledge that it is so imminently dangerous as to cause death or bodily harm likely to cause death.

 Section 302 of the IPC 

 Section 302: This section specifically deals with punishment for murder. It states that the perpetrator of the murder must be punished with death or life imprisonment and must also pay a fine. When determining an appropriate sentence, the court considers the circumstances of the case and all mitigating circumstances.

 Exceptions to murder 

 Murder,  considered the most heinous crime under Indian law, is defined under Section 300 of the Indian Penal Code. There are certain exceptions to this rule, which means that a person cannot be charged with murder even if he caused the death of another person. Section 300 specifically mentions the following exceptions: 

1. Severe and sudden provocation: If a person kills another person in the heat of passion as a result of severe and sudden provocation, he cannot be charged with murder. This exception applies when the provocation is so severe and immediate that it robs a person of self-control and forces them to kill another. 
2. Exercise of the right of private defence: If a person kills another person by exercising the right of private defence, he cannot be charged with murder. 

• This exception applies if a person reasonably believes that he is in imminent danger of death or serious bodily injury and that the only way to protect himself is to kill another person. 
• Public servant acting in good faith: If an official in good faith kills another person while performing his duties, he cannot be charged with murder.
• Sudden fight: If two people suddenly fight and one of them kills the other in the passion born of the fight, they cannot be charged with murder. 

3. Consent: If a person kills another person with their consent, they cannot be charged with murder. However, this exception applies only if permission is given voluntarily and with full knowledge of the nature and consequences of the act. 

 It is important to remember that the courts interpret these exceptions strictly and the burden of proof is on the accused. If the prosecution can prove beyond a reasonable doubt that the accused committed murder, these exceptions do not apply and the accused will be found guilty. 

  Conclusion 

 Murder is a serious crime under the Indian Penal Code with significant legal consequences. The elements of murder, including wrongful act, intent, causation, and lack of legal justification, are important factors in establishing the crime. An understanding of the relevant sections of the IPC (eg 300, 302, 304) provides a framework for determining appropriate charges and appropriate sentences in murder cases. By understanding the legal aspects of murder, society can ensure justice, deterrence and protection of innocent lives.

References

1. https://blog.ipleaders.in/murder-under-indian-penal-code-all-you-need-to-know-about-it/
2. https://lawctopus.com/clatalogue/clat-pg/ipc-notes-culpable-homicide-and-murder/
3. https://www.legalserviceindia.com/legal/article-7177-murder-section-302-under-ipc.html
4. https://prolawctor.com/culpable-homicide-and-murder-ipc-notes/