June 26, 2023

OFFENCES EFFECTING LIFE UNDER INDIAN PENAL CODE,1890

This article has been written by Ms. Priyanka VK Nair a 2rd year LLB Student of Amity University Mumbai

The following are the offences that effects the life of a person under Indian penal code,1890

  1. 299 of IPC – Culpable homicide
  2. 300 of IPC – Murder
  3. 301 of IPC – Culpable homicide by causing the death of a person
  4. 302 of IPC- Punishment for Murder
  5. 304 of IPC – Punishment for Culpable homicide not amounting to murder
  6. 306 of IPC – Abetment of suicide
  7. 307 of IPC – Attempt to Murder
  8. 308 of IPC – Attempt to commit culpable homicide
  9. 309 of IPC – Attempt to commit suicide
  10. 310 of IPC – Thug

 

299 of IPC – Culpable homicide 

 

Section 299 of the Indian Penal Code (IPC) deals with the offense of culpable homicide. It states that whoever causes death by doing an act with the intention of causing death or with the knowledge that the act is likely to cause death, but without any premeditation or intention to cause death, is said to have committed culpable homicide.

The section further elaborates that if the act causing death is done with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that it is likely to cause death, then the act will be considered as culpable homicide amounting to murder, as defined in section 300 of the IPC.

However, if the act causing death is done without any intention to cause death, and without knowledge that it is likely to cause death, but is done with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that such bodily injury is likely to cause death, then it will be considered as culpable homicide not amounting to murder.

In simpler terms, if someone causes death without intending to do so, but with the knowledge that their actions are likely to cause death, they can be charged with culpable homicide. 

 

  1. 301 of IPC – Culpable homicide by causing the death of a person

 

Section 301 of the Indian Penal Code (IPC) defines the offense of Culpable Homicide by causing the death of a person. This section deals with cases where a person causes the death of another person, but the act does not amount to murder.

According to this section, if a person causes the death of another person by doing an act with the intention of causing death, or with the knowledge that the act is likely to cause death, but without any premeditation or planning, then it is considered as culpable homicide.

The punishment for culpable homicide under section 301 of IPC is imprisonment for life, or imprisonment for a term of up to 10 years, along with a fine.

It is important to note that the distinction between culpable homicide and murder lies in the intention of the accused. If the accused has the intention of causing the death of the victim, it amounts to murder, whereas if there is no such intention, but the act results in the death of the victim, it amounts to culpable homicide.

 

  1. 300 of IPC – Murder

 

Section 300 of the Indian Penal Code (IPC) defines the offense of Murder. This section deals with cases where a person causes the death of another person with the intention of causing death or with the knowledge that the act is likely to cause death.

According to this section, if a person causes the death of another person with the intention of causing death, or with the knowledge that the act is likely to cause death, it amounts to murder. The act may be done in an instantaneous or momentary manner, or it may be premeditated or planned.

However, there are certain exceptions to this section, where the act of causing death may not be considered as murder, but as culpable homicide not amounting to murder.

The exceptions include cases where the act of causing death is done:

  • in the exercise of the right of private defence of oneself or others
  • in the act of public servant who is authorized to use force
  • in the act of a person who is deprived of the power of self-control
  • in the act of a person who is provoked to commit the offense by the victim

It is important to note that the distinction between murder and culpable homicide lies in the intention of the accused. If the accused has the intention of causing the death of the victim, it amounts to murder, whereas if there is no such intention, but the act results in the death of the victim, it amounts to culpable homicide not amounting to murder.

 

  1. 302 of IPC- Punishment for Murder

 

Section 302 of the Indian Penal Code (IPC) deals with the punishment for murder. According to this section, whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to pay a fine.

The section defines murder as the act of causing the death of another person, either with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death. The section also covers cases where the act causing death is done with the knowledge that it is likely to cause death, or with the intention of causing bodily injury that is sufficient in the ordinary course of nature to cause death.

It is important to note that Section 302 of the IPC applies only to cases of murder, which is a very serious offense

 

  1. 304 of IPC – Punishment for Culpable homicide not amounting to murder

 

According to this section, whoever causes the death of another person by doing any act with the intention of causing bodily injury, or with knowledge that the act is likely to cause death, but without any intention to cause death or to cause such bodily injury as is likely to cause death, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to pay a fine.

This section covers cases where the offender causes the death of another person without the specific intention to kill, but still acts in a way that is reckless or negligent and results in death. For example, if someone drives recklessly and causes an accident that results in the death of another person, they may be charged under this section.

It is important to note that the punishment for culpable homicide not amounting to murder is less severe than the punishment for murder under Section 302 of the IPC. This is because the offender did not have the specific intention to kill, but their actions still resulted in the death of another person.

 

  1. 306 of IPC – Abetment of suicide

 

Section 306 of the Indian Penal Code (IPC) deals with the offense of abetment of suicide.

According to this section, if any person abets the commission of suicide by another person, and such suicide is committed, then the person who abetted the suicide shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to pay a fine.

Abetment of suicide means instigating or encouraging someone to commit suicide or aiding them in committing suicide. This can include providing the means for the person to commit suicide, such as giving them a weapon or poison, or providing instructions on how to commit suicide.

To prove the offense of abetment of suicide, it is necessary to establish that the accused had the intention to aid or instigate the person to commit suicide, and that the suicide was committed as a result of such instigation or aid.

 

Section 307IPC – attempt to murder.

 

Section 307 of the Indian Penal Code (IPC) deals with the offense of attempt to murder.

According to this section, whoever does any act with the intention of causing the death of another person, or with the intention of causing such bodily injury as is likely to cause the death of that person, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to pay a fine.

This section covers cases where the offender has the specific intention to cause the death of another person or cause such serious bodily injury that is likely to result in death. However, if the act is not successful in causing death or the intended injury, the offender can still be charged with attempt to murder.

To prove the offense of attempt to murder, it is necessary to establish that the accused had the intention to cause the death of the victim or cause such bodily injury that is likely to cause death, and that they took some concrete steps towards carrying out this intention. Even if the victim does not suffer serious injuries, the offender can still be charged with attempt to murder if they had the specific intention to cause death or serious injury.

 

308 of IPC – Attempt to commit culpable homicide

Section 308 of the Indian Penal Code (IPC) deals with the offense of “attempt to commit culpable homicide”. Culpable homicide refers to the act of causing the death of a person, either with the intention of causing death or with the knowledge that such an act is likely to cause death.

Under Section 308, if a person attempts to commit culpable homicide, but the act does not result in the death of the intended victim, the person can be punished with imprisonment for up to seven years, or with a fine, or with both.

The punishment for attempting to commit culpable homicide is less severe than the punishment for actually committing the offense of culpable homicide, which can lead to imprisonment for life or even the death penalty, depending on the circumstances of the case.

 

Section 309 attempt to commit suicide

 

Section 309 of the Indian Penal Code (IPC) deals with the offense of “attempt to commit suicide”. This section criminalizes the act of attempting to take one’s own life.

Under Section 309, if a person attempts to commit suicide, they can be punished with imprisonment for up to one year, or with a fine, or with both. However, in recent times, there have been debates and discussions around the decriminalization of suicide attempts in India.

Many argue that attempting to take one’s own life is not a criminal act, but a mental health issue that needs to be addressed with care and support. Criminalizing suicide attempts may only add to the stigma surrounding mental health and may discourage people from seeking help.

In fact, the Mental Healthcare Act of 2017 in India decriminalizes suicide attempts and provides for the right to access mental healthcare services. The Act states that every person has the right to make an advance directive specifying how they wish to be treated for mental illness in case they lose the capacity to make decisions for themselves.

 

310 of IPC – Thug

 

Section 310 of the Indian Penal Code (IPC) deals with the offense of “thug”. This section defines the offense of thug and provides for punishment for those who commit this crime.

A “thug” is defined as a person who commits or participates in a conspiracy to commit the crime of robbery by using criminal force or deception, and who either kills or attempts to kill the victim or causes grievous hurt to the victim. The term “thug” also includes a person who is an accomplice or an associate in the commission of such a crime.

Under Section 310, any person who commits the offense of thug can be punished with imprisonment for life, or with rigorous imprisonment for a term that may extend up to ten years, and shall also be liable to a fine.

 

REFERENCE 

 

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