OFFENCES AFFECTING LIFE

Today's blog is about Section 299 and 300 of the Indian Penal Code, 1860 which deals with offences affecting the human body. Section 299 deals with culpable homicide and Section 300 deals with murder. Homicide is the gravest offence of all the offences relating to human body. 



CULPABLE HOMICIDE (Section 299) 


Whoever by doing an act causes death with the intention of causing death, or such bodily injury as is likely to cause death, or with the knowledge, that by such act he is likely to cause death, commits the offence of culpable homicide. 

The term 'Homicide' means killing of a human being by a human being. The term 'Culpable'  means criminal in nature. 

MAIN INGREDIENTS OF THE OFFENCE OF CULPABLE HOMICIDE

1. Death caused;
2. Death caused by doing an act :
    (i) intention to cause death; or
    (ii) with the intention of causing death, some bodily injury which is likely to cause death;  or 
    (iii) with the knowledge that the doer is likely to cause death by such act. 

We can say that murder is merely a particular form of culpable homicide. Every murder is a culpable homicide but every culpable homicide is not murder. 

In Jagroop Singh v. State of Haryana, AIR 1981 SC 1552, the Supreme Court held that the weapons used, the injuries caused to the victim and their gravity along with intention or 'mens rea' should also be taken into consideration while deciding cases involving the offence of culpable homicide. 

In a landmark case of Public Prosecutor v. Mushunooru Suryanarayana Moorty, (1942) 13 Cr LJ 145, the Court held that death caused of person other than intended is covered as culpable homicide under Section 299. 

In Narsingh Challan v. State of Orissa, (1997) 2 CRIMES 78 (Ori), the Supreme Court held that all murders are culpable homicide but not vice-versa. 


MURDER (Section 300) 


Culpable homicide is murder, 

Firstly. - if the act as a result of which the death is caused is done with the intention of causing death, or

Secondly. - If the act is done with the intention of causing such bodily injury which is likely to cause death, or 

Thirdly. - if the act is done with the intention of causing such bodily injury to any person which is sufficient to cause death, or

Fourthly. - if the act is committed by the offender with the knowledge that it is so imminently dangerous that it is likely to cause death. 

FIVE EXCEPTIONS TO SECTION 300


If the offence is committed under any of the circumstances stated below then culpable homicide will not amount to murder : 
(1) grave and sudden provocation;
(2) private defense;
(3) acts by public servants;
(4) sudden fight; and
(5) consent of the person killed. 

In the case of Venkaku v. State, AIR 1956 SC 171, held, that it was undoubtedly a case of intentional killing and therefore, the accused was guilty of murder and not of culpable homicide. 

In Matadin v. State of Maharashtra, AIR 1999 SC 138, the allegation against the co-accused was that he exhorted the main accused to commit murder by using abusive words 'मारो साले को'. The Court observed that he should be held guilty of the offence of abetment of hurt under Section 324/110 of the Indian Penal Code as mere use of abusive words "Maro Saley Ko" do not necessarily mean that he exhorted the main accused to actually kill the deceased. 


PUNISHMENT FOR MURDER (Section 302) 


Whoever commits murder is punishable either with death or imprisonment for life and also be liable to fine. So, in case of murder imprisonment for life is the rule and death sentence is an exception. 


PUNISHMENT FOR CULPABLE HOMICIDE NOT AMOUNTING TO MURDER (Section 304) 


Whoever commits culpable homicide not amounting to murder is punishable with life imprisonment, or imprisonment for a term which may extend to ten years, and also be liable to fine, if the act as a result of which the death is caused is is done with the intention of causing death, or of causing such bodily injury as is likely to cause death ;  or with imprisonment for a term which may extend to ten years, or also be liable to fine, or 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. 

We all know that there exists 'mens rea' of the offender behind every crime and it is of greater importance in cases of homicide and it is because various kinds of homicide are classified according to the mens rea involved therein.


Reference Links:



No comments:

Post a comment

Ad 1

Followers

Home

Subscribe Us Our Food Channel

Blog Archive

Newsletter

Translate

Powered by Blogger.