Legal Acadmia

Introduction

The word homicide has been derived from the Latin word ‘homo’ which means a man, and ‘caedere’ which means to cut or kill. Thus, homicide means the killing of a human being, by a human being. Homicide is not always punishable. For instance, killing a person in exercise of one’s right to private defence is not punishable. Homicide can be lawful or unlawful. Lawful homicide is not punishable whereas unlawful homicide is punishable. 

In India homicide is divided into two forms- Culpable Homicide (Section 299 of the Indian Penal Code) and Culpable Homicide amounting to murder (Section 300 of the Indian Penal Code). It is very difficult to differentiate between the two but there is a thin line of difference with respect to intention . Culpable Homicide is the genus of which murder is species. Murder is considered as the aggravated form of culpable homicide. All murders are culpable homicide but all culpable homicide are not murders. 

Culpable homicide

Section 299 of IPC provides that 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 section provides three circumstances which amounts to culpable homicide-

1. The intention of causing death. For example, A shoots at B with the intention of killing him and he dies. 
2. The intention of causing such bodily injury as is likely to cause death. For example, A beats B in such a way that he dies. 
3. With the knowledge that he is likely by such an act to cause death. For example, A puts rat poison in B’s food knowing that it can kill him and he dies. 

A person who causes bodily harm to another who is suffering from a disorder, disease, or bodily infirmity, thereby accelerating that other’s death, is deemed to have caused his death. When death is caused by bodily injury, the person who causes such bodily injury is deemed to have caused the death, even if the death could have been avoided by using proper remedies and skilled treatment.

The death of a child in the mother’s womb is not considered homicide. However, causing the death of a living child may constitute culpable homicide if any part of that child has been brought forth, even if the child has not yet breathed or been fully born.

In the case of Nara Singh Challan v. State of Orissa, the court observed that: “For deciding the proper punishment which is proportionate to the current offense, IPC has divided culpable homicide into three degrees. First is the gravest form which Murder and is defined under Section 300 of IPC, the second is the culpable homicide of the second degree which is punishable under Section 304 part 1 of IPC and third is the lowest degree of culpable homicide punishable under Section 304 part 2 of IPC.”

Culpable homicide amounting to murder

An offence cannot amount to murder unless it falls within the definition of culpable homicide. Section 300 of IPC provides four circumstances where culpable homicide amounts to murder. 

1. The act by which the death is caused is done with the intention of causing death, or
2. The act by which death is caused is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or
3. The act by which the death is caused is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or
4. The person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death.

Illustration:

A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. 

But if A, not knowing that Z is  labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of  health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death.

When culpable homicide is not murder

Section 300 of IPC also provides some exceptions. Under the following circumstances, culpable homicide will not amount to murder:

1) Grave and sudden provocation-

Culpable homicide does not amounts to murder when the offender while committing the offence was deprived of self control due to grave and sudden provocation and caused the death of person who gave such provocation, or of any other person accidentally or by mistake. Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.

It must be noted that this exception is subject to some conditions. Provocation should not be used as excuse for killing or causing harm to someone. 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. Provocation is not given by anything done in the lawful exercise of the right of  private defence.

In the case of K.M. Nanavati v. the State of Maharashtra, the court held that “The test to determine whether the action of the accused comes within the ambit of provocation or not is to examine whether any reasonable man having the same capacity and belonging to the same class or section of society if placed in the same situation as accused would also be provoked as to lose his/her self control.” The court further observed that the action resulting from sudden and grave provocation should be immediately when the person was provoked but not after the time which was sufficient for one to calm down.

In the case of Muthu v. Stare of Tamil Nadu, it was held by the Supreme Court that constant harassment might deprive the power of self-control, amounting to sudden and grave provocation.

2) Exceeding right of private defence

Culpable homicide is not murder if the offender in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence.

The foremost question under this exception is whether the offender has the right to private defence. If the answer is yes only then the question whether he had exercised that right in good faith and without premeditation and without any intention of doing more harm that was necessary for the purpose of such defence would arise.

3) Public servant exceeding his power

Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.

4) Death caused in sudden fight

Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender’s having taken undue advantage or acted in a cruel or unusual manner. The fact that which party had assaulted or offered a provocation first is not important.

5) Death caused of the person consenting to it

Culpable homicide is not murder when the person whose death is caused, being above the age of 18 years, suffers death or takes the risk of death with his own consent.

Punishment

Section 302 of IPC provides punishment for culpable homicide amounting to murder. Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.

Section 304 of IPC provides punishment for culpable homicide not amounting to murder. Whoever commits culpable homicide not amounting to murder, shall be punished with-

1. imprisonment for life, or 
2. imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or 
3. with imprisonment of either description for a term which may extend to 10 years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.