Murder, as defined by Section 300 of the Indian Penal Code, is the most serious form of criminal homicide. It is the unlawful killing of a human being with the intention to cause death or with the knowledge that the act is likely to cause death.
Murder is classified as a "heinous crime" because it involves the taking of a human life and is considered to be a grave breach of the social contract that exists between individuals in a society. It is punished with severe penalties, including the death penalty in some jurisdictions.
The elements of murder, as defined in Section 300 of the Indian Penal Code, are as follows:
The act must be committed with the intention to cause death or with the knowledge that the act is likely to cause death. This means that the accused must have intended to kill the victim or must have been aware that their actions could result in the victim's death.
The act must be committed with the intention of causing bodily injury that is sufficient in the ordinary course of nature to cause death. This means that the accused must have intended to cause serious injury to the victim, knowing that such injury is likely to result in death.
The act must be committed without the consent of the victim. This means that the accused must have killed the victim without their consent or against their will.
The act must be committed without any justification or excuse. This means that the accused must have committed the act without any legal justification or excuse, such as self-defense or defense of others.
In India, murder is punishable by death or life imprisonment. The punishment for murder depends on the circumstances of the case and the intention of the accused. For example, if the murder was committed in the furtherance of a criminal conspiracy or as part of a terrorist act, the punishment may be more severe.
In conclusion, murder, as defined by Section 300 of the Indian Penal Code, is the most serious form of criminal homicide and is punishable by severe penalties. It involves the unlawful killing of a human being with the intention to cause death or with the knowledge that the act is likely to cause death, and is committed without the consent of the victim and without any justification or excuse.
Murder (Indian law)
The Court held that even though the blows were inflicted by the appellant on the head of the deceased with force, the lathi not being an iron rod and the deceased being a young man strongly built the appellant could not under the circumstances be held to have been actuated with the intention of causing the death of the deceased nor do one could think despite the medical evidence that the injury was sufficient in the ordinary course of nature to cause death. State of Madhya Pradesh, 1991 Cr LJ 1373 1373-1374 SC. . A is not liable to murder but is liable to culpable homicide. What is the difference between murder and culpable homicide? It should be of conclusive nature; Arvind v. It is important to note that intention of causing death does not necessarily mean intention of causing death of the person who actually died.
It considered the incident to be the result of the frequent provocation by children and there was no intent to murder therefore offender was given the advantage for exception 1. In Manke Ram v. State of Madhya Pradesh, 1991 Cr LJ 1373 1373-1374 SC. Hence, whether the act done is culpable homicide or murder is a question of fact. Conviction under section 302 was upheld; Virsa Singh v. However, he did not take any steps to satisfy himself that the person was not a human being and was thus grossly negligent and was held guilty of Culpable Homicide.
But it may amount to Culpable Homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. Crimes such as rape and murder are becoming increasingly dangerous to women and children. Z dies in consequence. Exceptions of Murder- Exception-1- When Culpable homicide is not a murder- Culpable homicide is not a murder when the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. A is moved to sudden passion by these words, and kills Z. Therefore it is important to prove that whether the provocation was amounts to sudden and grave which is enough to prevent the offence from amounting to murder. None of the injuries was on a vital part of the body of the deceased.
Thirdly— That the provocation is not given by anything done in the lawful exercise of the right of private defense. According to the doctor the injury was sufficient in the ordinary course of nature to cause death. While clause 2 of Section 300 states that an act must be done with the goal of inflicting bodily damage that is likely to result in death, it also states that the deliberate causation of bodily injury must be accompanied by the knowledge that the bodily injury is likely to result in death. B kills Z with the knife. A draws out a pistol.
State of Tamil Nadu, 1997 2 Crimes 185 Mad. The Supreme Court ruled that the suit fell under Section 304, paragraph II. BY CHAHAT UNIVERSITY INSTITUTE OF LAW, REGIONAL CENTRE LUDHIANA. Alex is guilty of murder, although he may not have had a premeditated design to kill any particular individual. Scope It is now well settled principle of law that if two views are possible, one in favour of the accused and the other adversely against it, the view favouring the accused must be accepted; Raghunath v. D intentionally gives a sword-cut to R that was sufficient to cause the death of anyone in the ordinary course of nature. Section 299 of IPC defines Culpable Homicide as follows — Section 299 — Who ever 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 that he is likely by such act to cause death, commits the offence of Culpable Homicide.
Therefore, in the absence of any circumstances to show that the injury was caused accidentally or unintentionally, it had to be presumed that the accused had intended to cause the inflicted injury and the condition of cl. EXCEPTION 3 —LEGAL POWER Exception 3 states that, if a public servant acting in good faith, believing that his act is lawful and necessary for the public wellbeing, unknowingly exceeds his power and thus if it leads to the death of some other person then he will be held liable under section 304. Thus, Culpable Homicide means killing of a human being by another human being in a blameworthy or criminal manner. However some clauses in section 299 and 300 overlap each other which has led to a lot of differences in judicial pronouncements. DEATH BY CONSENT Under this exception the culpable homicide does not amounts to murder if the death is caused by consent of the person.
When Culpable Homicide Is Not Murder Under Section 300 IPC
Culpable means blame worthy. Such a case will be a case of sudden fight and conflict and has to be dealt with under Exception 4 to section 300 of the Code; Januram v. For instance, C shoots Y with the intention to cause death to Y. But as per twelfth century every homicide whether opened or secret was recognized as grave and punishable. The court satisfied under this exception and sentenced him under section 304. For example, death caused as a result of firing at a mark near a public road would be a case of murder under section 300, IPC.
What is Murder and Culpable Homicide? Section 209 and 300.
What is the difference between Murder and Culpable Homicide? Section 299 and Section 300 of Indian Penal Code deal with murder. State of Maharasthra, AIR 1962 SC 605. A did not know that B was hemophilic. Thus, all the courts agree on the facts that in order to commit the above offences there must be presence of intention and the preparation for the act. State of Punjab, AIR 1958 SC 465. For example, A knows that loosening the brakes of a vehicle has a high probability of causing death of someone. State of Tamil Nadu, 1997 3 Crimes 146 Mad.
His wife and two children were burnt and witness had seen him coming out of the hut and standing outside as without raising any alarm. Section 300 defines murder as a culpable homicide with certain distinguishing features, which are listed in clauses 1-4 of Section 300, subject to the exclusions set out in Section 300. B is by this provocation excited to violent rage. This is murder, inasmuch as the provocation was giving by a thing done in the exercise of the right of private defence. Thus every murder is culpable homicide but not vice-versa. A is moved to sudden and violent passion in consequence, and kills Z.
Exception 5-Â Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent. The word homicide is derived from Latin where homo means man while the meaning of cide is I cut. An act, done with the knowledge of its consequences, is not prima facie murder, it becomes murder only if it can be positively affirmed that there was no excuse. The act is done with the intention of causing such bodily injury which the offender has knowledge that it would result in death. 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— Secondly. Murder is when a person of sound mind unlawfully kills any human being without any justification or reasonable excuse with a malice intention.
