Q. State the circumstances under which the culpable homicide does not amount to murder. [2019 - 20 marks]
Culpable Homicide
Section 299 of IPC defines Culpable Homicide along with illustrations. According to the Section 299 of IPC, culpable homicide is committed when act is done with the intent of causing death or with the knowledge that the act will cause death, and the death occurs. For example, A knows that Z is hiding in a bush, asks B to shoot at the bush. B is not aware of the fact that Z is hiding in the bush, shoots at the bush and as a result Z dies. Here B is innocent but A guilty of culpable homicide.
Essential Elements of Culpable Homicide
1. There must be a death of a person
2. The death must be caused by another person
3. The death was caused with an intention to do so
or the act was done knowingly that it will cause the death
Murder
Section 300 of IPC defines Murder as culpable homicide with certain exceptions. The section makes it clear that all culpable homicides amount to murder except those which are excepted in this section.
Essential Elements of Murder
All culpable homicides, except the excepted circumstances, are murder, if
1. the act was done with an intention to cause the death or
2. the act was done knowing that it will cause death or
3. the bodily injury was done knowing that such injury will cause death in normal course of time or
4. If the person conducting the act is aware that it is so risky that it must, in all likelihood, result in death
Culpable Homicide not amounting to Murder
Following are the circumstance under which a culpable homicide do not amount to murder
1. When the death was caused under grave and sudden provocation.
Case reference: KM Nanavati Vs. State of Maharastra
2. When the death was caused for private defense.
Case reference: Nathan Vs. State of Madras
3. The death is caused by a public servant in the discharge of his lawful and designated duty.
Case reference: Dakhi Singh Vs. State (1955)
4. Culpable Homicide does not amount to murder if it was done at the heat of the moment during a sudden conflict. Neither there was intention not there was planning to do so.
Case reference: Manke Ram Vs. State of Haryana (2003)
5. Culpable homicide does not amount to murder if the person died was 18 years or above and knowing the risk consented for the act.
Case reference: Narendra Vs. State of Rajasthan (2014)
Difference between Culpable Homicide and Murder
1. Section 299 of IPC deals with Culpable Homicide and Section 300 deals with Murder.
2. Any act which was done intentionally or knowingly to cause death, that causes death of another person, is a culpable homicide. But all these acts do not amount to murder.
3. When a death was caused unintentionally under grave and sudden provocation, it is a culpable homicide and not murder.
4. When the death was caused for private defense, it is a culpable homicide and not murder.
5. The death is caused by a public servant in the discharge of his lawful and designated duty, it is a culpable homicide and not murder.
6. If it was done at the heat of the moment during a sudden conflict. Neither there was intention not there was planning to do so, it is a culpable homicide and not murder.
7. If the person died was 18 years or above and knowing the risk consented for the act, it is a culpable homicide and not murder.
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