Culpable homicide: India

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This is a collection of articles archived for the excellence of their content.

Introduction

The Times of India

May 6, 2015

The word 'homicide' came from the Latin terms, meaning killing of a human being by a human being is homicide.

Culpable Homicide is defined by section 299 of the Indian Penal Code. According to the section 299 of IPC whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.

The essential elements of the offence of culpable homicide are as follows -

i) that death of a human being was caused ;

ii) by an act with the intention of causing death ; or

iii) by an act with the intention of causing such bodily injury as is likely to cause death ; or

iv) by an act with the knowledge that the act was likely to cause death . Without one or other of these elements an act , though it may be in it's nature criminal and may occasion death , will not amount to the offence of culpable homicide .

Section 299 defined Culpable Homicide in simple way. Culpable homicide are of two kinds:

I. Culpable homicide amounting to murder.

II. Culpable homicide not amounting to murder.

Culpable homicide is the Genus, and murder is the Species.

All murder are culpable homicide but not vice-versa. Section 299 cannot be taken to be definition of culpable homicide not amounting to murder. Culpable homicide is the genus, section 300 defines murder which means murder is the species of culpable homicide.

It is to be noted here that culpable homicide not amounting to murder is not defined separately in IPC, it is defined as part of Murder in the section 300 of IPC.

Section 300 - Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or

Culpable Homicide is not amounting to murder: Exception 1 to 5 of s300 of IPC defines conditions when culpable Homicide is not amounting to murder:

I. Provocation.

II. Right of private defense.

III. Public servant exceeding his power.

IV. Sudden fight.

V. Consent.

Exception-

1-culpable homicide is not amounting to murder if the offender, whilst deprive of self control by grave and sudden provocation, caused the death of the person who gave the provocation or causes the death of any person by mistake or accident.

The above exception is subject to the following provisions:- The provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.

2.The provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant.

3. The provocation is not given by anything done in the lawful exercise of the right of private defense.