Culpable Homicide and Murder

Theoretical overview

Culpable homicide

The term culpable homicide has been derived from the Latin word culpabilis meaning worthy of blame, homo meaning man and caedere meaning to kill. Culpable homicide, in simple words, means the killing of a human being by a human being.

Section 299 of Indian penal code states that, whoever causes death by doing an act with the intention of causing death or with the intention of causing such bodily injury which is likely to cause death or with the knowledge that it is likely by such act to cause death, commits the offence of culpable homicide.

There are certain explanations of the section which are as follow: –

• If a person cause body injury to another person who is laboring under any disorder, disease or bodily infirmity which as a consequence lead to the death, thereby deem to have cause his death.
• If a person causes bodily injury, which, as a consequence causes the death of that person, although he has taken all the proper skillful treatment and the death might have been preventive, has caused his death
• The causing of death of a child in the mother’s Womb is not a homicide but it become culpable homicide if any part of the child has been bought forth.

Three ingredients of culpable homicide are

1. intention of causing death 
2. bodily injury which will likely to cause death 
3. knowledge that such act will likely to cause death

The point to be noted is that, culpable homicide is the genus and murder is its species or in other words all murders are culpable homicide but all culpable homicide are not murders.

Murder 

Section 300 of Indian penal code defines murder. Culpable homicide is murder if the act by which the death is caused is done with the intention of causing death

• Or if it is done with the intention of causing such bodily injury as to offender knows to be likely to cause the death or,
• such bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death or,
• if the person committing the act knows that it is so imminently dangerous that it must, in all probability cause death or, 
• such body injury as to likely to cause death and commits such act without any excuse.

Ingredients of culpable homicide amounting to murder are the ingredients of culpable homicide in addition with the following ingredients: – 

• Intention that the offender knows 
• bodily injury that is sufficient in ordinary course of nature to cause death 
• knowledge – so imminently dangerous that it must in all probability cause death 
• commits act without any excuse

Exceptions to section 300 of IPC when culpable homicide is not murder

•  Grave and sudden provocation – Culpable homicide is not murder when the person is deprived of the power of self-control by grave and sudden provocation. Such provocation should not be voluntarily provoked by the offender as an excuse for killing and doing harm and should not be done in obedience to the law by public servant in lawful exercise of power. Such provocation is not given by anything done in the lawful exercise of the right of private defence. Also, where the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.
• Private defense – Second exception States that if the death was caused in good faith while exercising the right of private defence on the person or property, exceeds the power given to him.
• Exercise of legal power – 3rd exception states that if the offender being public servant or aiding a public servant acting for the advancement of the public justice exceeds the power given to him by law.
• Without premeditation in sudden fight – Fourth exception states that, without pre-meditation in a sudden fight and in the heat of the passion upon a sudden quarrel and without the offender having taken any due advantage or acted in a cruel or unusual manner
• Consent – Fifth exception states that, whose death is caused, being above 18 years, suffered death or takes the risk of death with his own consent.

The punishment for the culpable homicide is given under section 304 of IPC which states that the person will be held liable for life imprisonment or imprisonment up to 10 years or fine. Also, for the act, done with knowledge but not intention, the person will be held liable for imprisonment up to 10 years or fine or both. 

While the punishment for murder is given under section 302 of IPC which states that the person will be held liable for the death penalty or imprisonment for life.

Important differences

Relevant sections

Section 299 in The Indian Penal Code

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 offence of culpable homicide

Explanation 1 – A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Explanation 2 – Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skillful treatment the death might have been prevented. Explanation 3 – The causing of the death of child in the mother’s womb is not 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.

Section 304 in The Indian Penal Code

Punishment for culpable homicide not amounting to murder – Whoever commits culpable homicide not amounting to murder shall be punished with [imprisonment for life], or imprisonment of either description for a term which may extend to ten 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 with imprisonment of either description for a term which may extend to ten 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.

Section 300 in The Indian Penal Code

Murder – 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)  – If it 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

(Thirdly)  – If it 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

(Fourthly)  – If 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, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid

Section 302 in The Indian Penal Code

Punishment for murder – Whoever commits murder shall be punished with death, or [imprisonment for life], and shall also be liable to fine.

Important case laws

 Rampal Singh vs. State of Uttar Pradesh (2012) – it was held that culpable homicide is the genus and murder is its species or in other words all murders are culpable homicide but all culpable homicide are not murders.

K.M Nanavati vs. State of Maharashtra (1961) – the accused took the defence of the exception 1 of section 300 i.e. grave and sudden provocation. The court held that there was sufficient time in the provocation and the overt act that could have been prevented and he should not have took the law into his own own hand. He was then punished under section 302 of IPC.

Nathan v. State of Madras – The accused and his wife were in possession of some land that they had been farming for some years. They had fallen behind on their lease payments to the landlady. The accused was forcibly evicted, and the landlord attempted to harvest the crop. As a result, the accused killed the dead in the exercise of his right to private property defence. The Supreme Court agreed with the claim that the incident occurred when the accused was exercising his legal right to private defence against the property. The right to private property defence was restricted to the degree of causing any harm other than death under Section 104, IPC because the deceased person was not armed with any lethal weapons and there could not have been any fear of death or severe harm on the part of the accused and his party. As a result, the accused’s right to private defence was violated, and the case was classified as culpable homicide not amounting to murder under Exception 2 to Section 300 of the Indian Penal Code because the act was done in good faith and without the intent to cause death. The accused’s death sentence was commuted to a term of life in prison.

Points to remember

• The term culpable homicide has been derived from the Latin word culpabilis meaning worthy of blame, homo meaning man and caedere meaning to kill
• Section 299 of Indian penal code states that, whoever causes death by doing an act with the intention of causing death or with the intention of causing such bodily injury which is likely to cause death or with the knowledge that it is likely by such act to cause death, commits the offence of culpable homicide.
• The point to be noted is that, culpable homicide is the genus and murder is its species or in other words all murders are culpable homicide but all culpable homicide are not murders.
• Section 300 of Indian penal code defines murder
• The punishment for the culpable homicide is given under section 304 of IPC which states that the person will be held liable for life imprisonment or imprisonment up to 10 years or fine. Also, for the act, done with knowledge but not intention, the person will be held liable for imprisonment up to 10 years or fine or both. 
• While the punishment for murder is given under section 302 of IPC which states that the person will be held liable for the death penalty or imprisonment for life.