Murder and Culpable Homicide under Indian Penal Code
Murder and Culpable Homicide under Indian Penal Code (IPC)
1. Definitions
A. Culpable Homicide (Section 299 IPC)
Culpable homicide means causing the death of a person 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 the act is likely to cause death.
Exact Text of Section 299 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.”
B. Murder (Section 300 IPC)
Murder is a type of culpable homicide which is done with specific conditions making it more heinous. It is culpable homicide but with certain aggravating factors, such as:
Intention to cause death, or
Intention to cause bodily injury which the offender knows to be likely to cause death, or
Act done with such intention or knowledge that it amounts to murder (with certain exceptions).
Exact Text of Section 300 IPC (simplified):
Culpable homicide is murder if the act is done with:
The intention to cause death, or
The intention to cause such bodily injury as the offender knows to be likely to cause death, or
The intention to cause bodily injury that is sufficient in the ordinary course of nature to cause death, or
The person committing the act knows that it is so imminently dangerous that it must in all probability cause death.
Exceptions: Certain situations exclude culpable homicide from being murder, e.g., grave and sudden provocation, right of private defense, etc.
2. Key Differences Between Culpable Homicide and Murder
| Aspect | Culpable Homicide | Murder |
|---|---|---|
| Definition | Causing death with intention or knowledge | A more serious form of culpable homicide with specific intent or knowledge |
| Section | Section 299 IPC | Section 300 IPC |
| Severity | Can be lesser or equal in severity | Generally more severe and punishable |
| Punishment | Imprisonment up to life, or lesser punishments depending on the section | Punishment of death or life imprisonment |
| Exception Cases | Some acts not amounting to murder (Section 300 exceptions) | No exceptions in murder definition (only in culpable homicide) |
| Burden of Proof | Intent or knowledge to cause death | Higher burden: specific intent or knowledge of death likely |
3. Punishments
| Offense | Section | Punishment |
|---|---|---|
| Culpable Homicide | 299/304 | Imprisonment up to life or 10 years (Section 304) |
| Murder | 302 | Death penalty or life imprisonment |
4. Important Sections Related to Culpable Homicide and Murder
Section 299: Definition of culpable homicide.
Section 300: Definition of murder.
Section 304: Punishment for culpable homicide not amounting to murder.
Section 302: Punishment for murder.
5. Important Case Laws
Case 1: Virsa Singh v. State of Punjab (1958 AIR 465, SCR (1) 1091)
The Supreme Court laid down the “intention to cause death” test for murder.
Held that intention or knowledge of causing death distinguishes murder from culpable homicide.
Also explained the exceptions under Section 300.
Case 2: Man Singh v. State of Punjab (1958 AIR 950)
Reiterated that causing bodily injury sufficient to cause death in ordinary course can amount to murder.
Case 3: Bachan Singh v. State of Punjab (1980 AIR 898)
Landmark case on the death penalty in murder cases.
Death penalty should be awarded only in the rarest of rare cases.
Case 4: K.M. Nanavati v. State of Maharashtra (1962 AIR 605)
Famous case involving provocation and murder vs culpable homicide.
The Supreme Court reduced murder charge to culpable homicide due to sudden and grave provocation.
6. Exceptions in Section 300 (When Culpable Homicide is NOT Murder)
Murder does not include culpable homicide if:
Caused by grave and sudden provocation (Section 300 Exception 1).
Caused in the exercise of right of private defense (Exception 2).
Caused by consent of the person (Exception 3).
Caused to prevent crime or suppress riot (Exceptions 4 & 5).
7. Summary Flowchart
Did the accused cause death? ↓ Was the act done with intention or knowledge likely to cause death? (Section 299) ↓ Yes → Culpable Homicide ↓ Are any exceptions of Section 300 applicable? ↓ No → Murder (Section 300) Yes → Culpable Homicide not amounting to murder (Section 304)
8. Conclusion
Culpable homicide is the general term for causing death with intent or knowledge.
Murder is a specific type of culpable homicide with more severe intent or circumstances.
Punishment varies accordingly, with murder attracting the harshest penalties.
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