Introduction To Cupable Homicide
Homicide is the act of one human killing another. A homicide requires just a volitional act by someone else that results in death, and along these lines, a homicide may result from accidental, negligent, or careless acts regardless of whether there is an intent to cause hurt. Culpable Homicide is the killing of one individual by another with the intention of causing death.
In India, Culpable Homicide is mentioned in Section 299 of the Indian Penal Code.
Section 299:” Culpable homicide.— 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 offense of culpable homicide.”
Components of Culpable Homicide
- Actus Reus (Act)
- Mens Rea (Intention)
Essentials of Culpable Homicide
1) Causing the death of an individual.
2) Such death must be caused by an act
i. With the intention of causing death; or
ii. With the intention of making such bodily injury as is likely reason death; or
iii. With the information that the doer is likely by such an act to cause death.
The fact that the death of an individual is caused isn’t sufficient. Except if one of the mental states referenced in the element is available, an act of causing death can’t add up to Culpable Homicide.
Types Of Culpable Homicide
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 is culpable homicide yet not the other way around, it has been held in Nara Singh Challan v/s State of Orrisa (1997). Section 299 can’t be taken to be meaning of culpable homicide not amounting to murder. Culpable homicide is the genus. Section 300 characterizes murder which implies murder is the species of culpable homicide. It is to be noted here that culpable homicide not amounting to murder isn’t characterized independently in IPC, it is characterized as a part of Murder in 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 isn’t adding up to murder:
Special case 1 to 5 of s300 of IPC characterizes conditions when culpable Homicide isn’t amounting to murder:
II. Right of private defense
III. Public servant surpassing his power.
IV. Sudden fight
Special case 1-culpable homicide isn’t adding up to murder if the guilty party, while deprived of self-control by grave and sudden provocation, caused the death of the individual who gave the provocation or causes the death of any individual by accident or mistake.
The above exemption is liable to these provisions:-
1. The provocation isn’t looked for or intentionally provoked by the guilty party as a reason for killing or harming any individual.
2. The provocation isn’t given by anything done in compliance with the law, or by a public servant in the legal exercise of the powers of such a public servant.
3. The provocation isn’t given by anything done in the lawful exercise of the right of private defense.
The provocation must be grave: maintained in Venkatesan v/s State of Tamil Nadu (1997)
The trial of the grave and sudden provocation is whether a reasonable man having a place with the same class of society as the accused, set in the circumstance in which the accused was set would be so provoked as to lose his self-control.
In India, words and gestures may likewise, in specific situations, cause grave and sudden provocation
The mental background made by the last act of the victim might be taken into consideration in deciding whether the consequent act caused grave and sudden provocation for committing the offense.
Section 300 likewise characterizes the situation when culpable homicide turns into the murder which is punished under Section 302. Under the following 4 conditions:
The intention of causing death-
I. Culpable homicide turns into murder if the act by which the deaths is caused is done with the Intention of Causing death or
II. In an act done with the intention of causing such bodily injury as the offender knows to probably make the death of the individual whom the harm is caused, or
III. In the done with the intention of causing bodily injury to any individual and the bodily injury intended to be inflicted is adequate in the ordinary course of nature to cause death, or
IV. On the off chance that the individual committing the act realizes that it is so imminently dangerous that it must, most likely, cause death or such bodily injury as is probably going to cause death, and commits such act with no reason for acquiring the danger of causing deaths or such injury as previously mentioned.
Whoever commits culpable homicide not amounting to murder will be punishable with
(i) imprisonment for life or imprisonment of either up to ten years, and will likewise be subject to fine if the act by which the death is caused is with the intention of causing death, or of such bodily injury as is probably going to cause death; or
(ii) with imprisonment of either depiction up to ten years or fine or both, if the act is done with the knowledge that it is probably going to cause death, however with no intention to cause death or to make such bodily injury as is likely reason death.
The field of Culpable Homicide is tremendous and is of practical utility. It incorporates all felonious homicide not amounting to murder. It is fundamentally a killing which the killer neither intended nor anticipated as likely to occur; it is an unintentional, accidental felonious killing. There have been numerous cases in which this field of law has been utilized and correctly applied too. The Sections 299, 301, 304, 304A deal with the diverse angles covered under this subject in an elaborate way every one of the provisions are not exhaustive and there is a need to put into application a considerable lot of the recommendation of the Law Commission for better organization of Justice since it would help in the evolvement of this subject with time.
by mimansa pujari •
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