CULPABLE HOMICIDE AND MURDER

By
BISWARANJAN PANDA (M.B.A.-LL.M.)
ADVOCATE
DISTRICT BAR ASSOCIATION,KEONJHAR
MOB-9438632339
EMAIL-brpandaadv@gmail.com

Chapter xvi sec-299 to 304 of IPC DEALS WITH CULPABLE

HOMICIDE AND MURDER

Culpable homicide

Meaning;-

Homicide = homo + cido (Latin words)

 Homo means human

 Cido means killing

So Homicide means the killing of a human being by a

human being.

Homicide may be either lawful or unlawful.

(a) Lawful Homicide : In case of lawful
homicide, law will set the culprit free.

(b) Unlawful Homicide :

If death is caused with intention or

knowledge to cause death, then homicide is
classified as unlawful homicide. These cases are
Culpable homicide Under Section 299 of the Indian
Penal Code and Murder under Section 300 of
I.P.C.
Culpable means criminal manner or punishable by law.

So Culpable homicide means death through human

agency punishable by law.

Section 299 and Section 300 Indian Penal Code, 1860,

deals with the definition of culpable homicide and
murder respectively
SEC -299 DEFIEN CULPABLE HOMICIDE IN SIMPLE WAY
culpable homicide are two kinds

1. Culpable Homicide Amounting to Murder: It is

known as simple murder
2. Culpable homicide not amounting to Murder:

There is necessarily a criminal or knowledge in

both. The difference does not lie in quality, it
lies in the quantity or degree of criminality
closed by the act

Culpable homicide is genus and murder the specis

Culpable homicide is the Genus, and murder is the

Species. All murder are culpable homicide but not
vice-versa, it has be held in Nara singh Challan v/s
Sate of Orrisa (1997c. Culpable homicide genus. Sec -
300 defiens murder. And also say circumstance when
culpable homicide turn in to murder.

which which means murder is the species of culpable

homicide. It is noted here noted that the the
culpable homicide not amounting to murder is not
defiend separetly in ipc. It is defiend a part of
murder in IPC
CULPABLE HOMICIDE ON THE BASIS OF DEFINATIONS

COMMON ELEMENT :-when an Act/omission (actusreous )

resulting the death of another human being it would
be culpable homicide if any of the mensrea are their

Culpable When Culpable When culpable

Homicide Homicide is homicide is not
(sec-299) murder murder
(sec-300) (5-exception of
sec-300)
1. Intention a. Intention to  Provocation
to cause cause death  Right of
death (no extra element private
necessary) defence
 public
servant
exceeding his
power
 sudden fight
 with consent
2. Intention  + knowledge
of such of the
bodily offender
 injury as  +sufficient
is likely in ordinary
to cause course of
death. nature
3. With + surety of
knowledge knowledge of
of death
possibility
of death

CULPABLE HOMICIDE

ESSENTIAL INGRIEDIENTS OF SEC-299

a) Cause of a death of a human being

b) Such death must have been caused by doing an
act
I. With an intention to causing death
II. With an intention to causing such bodily
injury as is likely to cause death.
III. With knowledge that the doer is likely
by such act to cause death.

As per the sec.300 of IPC except the

exceptions culpable homicide is murder, it the
act by which death is caused:
1. with the intention of causing death or
2. It an intention of causing such bodily
injury as the offender knows to be likely to
cause the death or

3. with the intention of causing such bodily

injury as is sufficient ordinary cause of
nature to cause death
4.with knowledge that the act is so
imminently dangerous that it must in all
probability, cause death
Whenever the court has find out wheather
an offence is culpable homicide not
amounting to murder or murder it should
be followed three steps
First- a causal conection has to be
established between the act of the
accused and death caused
Onces that is proved
The next step is finding out wheather the
act of the accused is culpable homicide
as defined u/s 299 ipc .
If answer is affirmative
Then the court has to be find wheather
the case come within the ambit any of the
four clauses of sec-300 .
If the answer is negative the offence is
culpable homicide not amounting to
murder.
But if the answer is positive then it is
murder
And also if the answer is positive but
fall within any of the exception u/s-300
then also it will culpable homicide not
amounting to murder.

Illustrations
 A shoots Z with intention of killing him, Z dies in
consequence, A commits murder.
 A knowing that Z is labouring under such disease
that a blow is likely to cause his death, strike him
with the intention of causing bodily injury, Z dies in
consequences of blow. A is guilty of murder.
  A’ knows that Z is behind a bush, B does not know
it. A intending to cause or knowing that is likely to
cause Z’s death induces B to fire at the bush. B
fires and kills Z. Here B may be guilty of no offence,
but A has committed the offence of culpable
homicide.

Leading case laws

Reg. V/s. Govinda 1876 (Bom): In this case the

accused kicked his wife who was 15 years old
and gave her a few blow on the body with the
result she fell down on the ground. Then he put
one knee on her chest and struck her a few more
blow resulting in her death. The lower court
convicted him of murder. There were different
opinions amongst the two judges of the High
Court and consequently the matter was referred
to a third Judge, Justice Melvil, who held the
accused guilty under clause (2) of sec.299 for
culpable homicide and sentenced him u/s 304
part I on the grounds that the death was caused
with the intention on the part of the accused
to cause such bodily injury as was likely to
cause death