May 3, 2023

Section 300 IPC- Murder

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

Murder is the unlawful killing of another person with malice aforethought, which means that the perpetrator has the intent to kill or cause serious harm to the victim. It is considered to be one of the most serious crimes that can be committed and is typically punished with severe penalties, including imprisonment for life or the death penalty. In most jurisdictions, the crime of murder is defined by statute and may include different degrees of murder based on the circumstances surrounding the killing, such as premeditation or the use of a deadly weapon.

IPC stands for Indian Penal Code, which is the main criminal code of India. Murder is defined under Section 300 of the Indian Penal Code.

According to Section 300 of the IPC, murder is committed when a person causes the death of another person with the intention of causing death or with the intention of causing such bodily injury to the person which is likely to cause death, or with the knowledge that such an act is likely to cause death.

It states that culpable homicide is considered murder if it is done with the intention of causing death, or with the knowledge that the act is likely to cause death.

However, there are some exceptions to Section 300 of the IPC, which are as follows:

  • Exception 1: The act is done in the exercise of the right of private defence of person or property.
  • Exception 2: The act is done in the reasonable belief that it is necessary to protect oneself from imminent danger of death or grievous hurt.
  • Exception 3: The act is done in good faith for the benefit of the person killed.
  • Exception 4: The act is done with the consent of the person killed.
  • Exception 5: The act is done in the course of performing a legal duty.

It’s important to note that these exceptions are subject to certain conditions and limit

 

The essentials of murder under the Indian Penal Code (IPC) are:

Causing death: The act must have caused the death of a person. If the person dies due to any other reason, such as a pre-existing medical condition, then it will not be considered murder.

Intention or knowledge: The act must have been committed with the intention of causing death, or with the knowledge that it is likely to cause death. If the act was unintentional, then it will not be considered murder.

Bodily injury: The act must have caused such bodily injury to the person which is likely to cause death. If the act does not result in any injury or the injury caused is not likely to cause death, then it will not be considered murder.

Absence of justification or excuse: The act must not be justified or excused by law. For example, if a person kills another person in self-defence or in defence of property, it may not be considered murder.

If all of these essentials are present, then the act will be considered murder under the IPC. It is important to note that the burden of proof lies on the prosecution to prove all the essential elements beyond a reasonable doubt.

 

Punishment for murder 

In India, the punishment for murder is governed by the Indian Penal Code (IPC), which outlines the various offenses related to homicide and their corresponding penalties.

Under IPC Section 302, murder is defined as the intentional killing of another person. The punishment for murder is life imprisonment or the death penalty. However, in some cases, the death penalty may be commuted to life imprisonment.

And if the murder is committed with certain aggravating factors such as premeditation, motive for gain, or committed against a public servant on duty, the punishment may be enhanced to the death penalty.

Section 307 of the Indian Penal Code (IPC) deals with the offense of attempt to murder. According to this section, any person who attempts to commit murder shall be punished with imprisonment for a term of up to ten years and may also be liable to a fine.

The section defines attempt to murder as any act done with the intention of causing the death of another person, whether or not the intended victim is actually injured. This means that even if the attempt to kill is unsuccessful, the person can still be charged under this section.

If the attempt to murder is made with a deadly weapon or by means of poison, explosive substance, or fire, and the person is injured, then the punishment can be enhanced to imprisonment for life or imprisonment for a term of up to ten years and a fine. If the person is not injured, the punishment can be imprisonment for a term of up to three years or a fine or both.

Landmark case laws : 

K M Nanavati vs. State of Maharashtra (1959): This case is often cited as one of the most famous murder cases in Indian legal history. The case involved Naval Commander K M Nanavati, who shot and killed his wife’s lover. The case is significant because it brought up the issue of jury trials in India, which were abolished soon after the verdict was announced.

State of Uttar Pradesh vs. Dr. Sunil Kumar Gupta (2015): In this case, Dr. Sunil Kumar Gupta was convicted of the murder of his wife, Anju. The case is significant because it established that circumstantial evidence can be enough to convict someone of murder, even if there is no direct evidence.

State of Maharashtra vs. Sukhdev Singh (1971): This case involved the murder of three police officers by members of the Naxalite movement. The case is significant because it established that killing police officers on duty can be considered an act of terrorism.

State of Rajasthan vs. Jagmohan Singh (1972): In this case, Jagmohan Singh was convicted of the murder of a journalist who had published an article critical of Singh’s political party. The case is significant because it established that freedom of speech and the press are fundamental rights protected by the Indian Constitution.

jhendra Nath Das vs. State of Assam (2011): In this case, Mahendra Nath Das was convicted of the murder of a businessman. The case is significant because it was the first time in India that DNA evidence was used to convict someone of murder.

State of Punjab vs. Gurmeet Singh (1996): In this case, Gurmeet Singh was convicted of the murder of his wife. The case is significant because it established that the dying declaration of a victim can be used as evidence in court.

State of Kerala vs. Nalini (1999): This case involved the murder of former Indian Prime Minister Rajiv Gandhi by members of the Tamil Tigers. Nalini, one of the conspirators, was convicted of murder. The case is significant because it established that the death penalty can be commuted to life imprisonment in certain circumstances, such as when the convict has a young child.

 

These are just a few examples of landmark murder cases in India, and there are many others that have helped to shape the country’s legal system over the years.

Reference:

  • K M Nanavati vs. State of Maharashtra (1959)  1962 AIR 605
  • State of Maharashtra vs. Sukhdev Singh (1971) 1992 AIR 2100
  • State of Punjab vs. Gurmeet Singh (1996) 1996 AIR 1393

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