culpable homicide amounting to murder and culpable homicide not amounting to murder.doc

8/11/2019 CULPABLE HOMICIDE AMOUNTING TO MURDER AND CULPABLE HOMICIDE NOT AMOUNTING TO MURDER.doc

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CHANAKYA NATIONAL LAWUNIVERSITY, PATNA

PROJECT WORKON

INDIAN PENAL CODE

TOPIC :- CULPABLE HOMICIDE AMOUNTING TO MURDER AND CULPABLEHOMICIDE NOT AMOUNTING TO MURDER

SUBMITTED TO :-Fr. PETER LADOUSSUBMITTED BY :-

PRITHVIPALROLL NO : 779, 3RDSEMESTER

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ACKNOWLEDGEMENT

The present project on the Culpable homicide amounting to murder and culpable homicide

not amounting to murder has been able to get its final shape with the support and help of

people from various quarters. My sincere thanks go to all the members without whom the study

could not have come to its present state. I am proud to acknowledge gratitude to the individuals

during my study and without whom the study may not be completed. I have taken this

opportunity to thank those who genuinely helped me.

With immense pleasure, I epress my deepest sense of gratitude to Mr !eter "adios., #aculty for

$riminal "aw, $hanakya %ational "aw &niversity for helping me in my project. I am also

thankful to the whole $hanakya %ational "aw &niversity family that provided me all the

material I required for the project. %ot to forget thanking to my parents without the co'operation

of which completion of this project would not had been possible.

I have made every effort to acknowledge credits, but I apologies in advance for any omission

that may have inadvertently taken place.

"ast but not least I would like to thank (lmighty whose blessing helped me to complete the

project.

!)IT*+I !("

)"" %. ' -- , /)012M21T2)

RESEARCH METHODOLO+Y

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AMOUNTIN+ TO MURDER AND CULPABLE HOMICIDE NOT AMOUNTIN+ TO MURDER

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TABLE OF CONTENTS

1. INTRODUCTION

*. CULPABLE HOMICIDE: SECTION *99 DETAILED

3. COMBININ+ SECTIONS *99 AND 3;;: CULPABLE HOMICIDE AMOUNTIN+ TO

MURDER


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. ORLD?S VIE OVER CULPABLE HOMICIDE...

@. CASE LAS

7. CONCLUSION

3I3"I 4)(!*5

INTRODUCTION

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CULPABLE HOMICIDE : SECTION 2 DETAILED

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$ulpable *omicide in the most simple understanding refers to taking the life of a person. The

term constitutes of two words, culpable which refers to the mental element and homicide which

refers to the physical element $ulpable denotes a 6blameworthy state of mind7 and homicide

refers to killing a person. Thus culpable homicide refers to taking life of another person, where

the act has been done with criminal intent.

Culpable Homicide

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$ulpable *omicide is defined in 1ection 8 of the I!$. If you study the definition you shall

find that the definition stresses both on the physical and mental element, where an act is

committed which is done with the intention of causing death, or with such knowledge that the

act which he or she is going to undertake is going to kill someone, or causes such bodily or

physical injury which will lead to a person7s death. (lso read the eplanations to the 1ection

which are actually clarifications to the 1ection.

Explanation One9 Tells us that where knowingly a person accelerates someone7s death in such

as situation it is considered culpable homicide. 2ample9 5 is diagnosed with terminal illness

and needs certain drugs to live from day to day. : confines him in a room and denies him his

medication as a result of which 5 dies. : is guilty of $ulpable *omicide.

Explanation Two9 Tells us that where a person inflicts such bodily injury on someone and the

latter dies because of such injury, it will not be an ecuse that if the person had received medical

attention his life would have been saved.8

Example9 4anda mows over a pedestrian deliberately. The pedestrian bleeds on the road and no

one helps him and he dies as a result of 4anda7s actions. 4anda cannot take the ecuse that if the

pedestrian had taken medical treatment at the right time, the pedestrian would have lived and

there would be no culpable homicide

Explanation Three9 Tells us that abortion does not constitute culpable homicide. *owever if

any part of the child is outside the womb, and the child is then killed, it constitutes culpable

homicide. ( word of caution, however, infanticide and abortion on the basis that the womb is

bearing a female child is a criminal offence in India. $ulpable *omicide can happen by

commission or by omission, i.e. by an overt or conscious act or failure to act, by which a person

is, deprived of his;her life. %ow let us study the ingredients in detail./

Ingredients of Culpable Homicide

Acts

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The (ct should be of such a nature that it would put to peril someone7s life or damage someone7s

life to such an etent that the person would die. In most cases the act would involve a high

degree of violence against the person. Instances such stabbing a person in vital organs,

shootingsomeone at point blank range, administering poison would include instances which

would constitute culpable homicide. , so given the special circumstances certain acts which may

not involve etreme degree of violence, but may be sufficient to cause someone7s death. #or

eample, starving someone may not require violence in the normal usage of the term, but may

cause a person7s death. The 1ection also covers administration of bodily injury which is =likely>

to cause death.

Intention

1ometimes one is required to do certain dangerous acts, even in everyday life where there is a

risk of death or causing hurt to such an etent that a person may die. Mundane things such as

driving possess the potential of taking someone7s life. The question however is was the act

committed with the =intention of causing death>. Thus where you push someone for a joke and

the person falls on his head has a brain injury and dies, there was no =intention of causing death>

but when you pushed the person deliberately with the idea that the person falls and dies, in that

case the act is with the =intention of causing death> To prove intention in acts where there is

bodily injury is =likely to cause death>, the act has to be can be of two types. #irstly where

bodily injury itself is done in a fashion which cause death. #or eample bludgeoning someone

on the head repeatedly with a blunt instrument. 1econdlyin situations where there are injuries

and there are intervening events between the injuries and the death provided the delay is not so

blatant, one needs to prove that injuries were administered with the intention of causing death.?

Knowledge

@nowledge is different from intention to the etent that where a person may not have the

intention to commit an act which kills, he knows that the act which he commits will take

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someone7s life or is likely to take someone7s life will be considered having the =knowledge that

he is likely by such act to cause death>. #or eample, a doctor uses an infected syringe

knowingly on a patient thereby infecting him with a terminal disease. The act by itself will not

cause death, but the doctor has knowledge that his actions will lead to someone7s death.A

COMBINING SECTIONS 2 AND !"": CULPABLE HOMICIDE

AMOUNTING TO MURDER

1ection /BB deals with $ulpable *omicide amounting to murder. In other words the 1ection

states that culpable homicide is murder in certain situations. This makes us come to two

conclusions, namely9

C. #or an act to be classified as murder it must first meet all the conditions of culpable homicide.

8. 1econdly, all acts of murder are culpable homicide, but all acts of culpable homicides are not

murder. !ictorially speaking9' 1ection /BB, I!$, CDAB. Murder9 2cept in the cases hereinafter

ecepted, culpable homicide is murder, if the act by which the death is caused is done with the

intention of causing death, or' 1econdly' 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' #ourthly,' If the person committing the act knows that it is so imminently dangerous that it

must, in all probability, cause death or uch bodily injury as is likely to cause death, and commits

such act without any ecuse for incurring the risk of causing death or such injury as aforesaid

%ow, let us study the situations in which culpable homicide does amount to murder. 1ection /BB

states, that ecept for situations states Ewhich do not concern us as of nowF culpable homicide is

murder in four situations9

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When an act is done with the intention of causing death

The degree of intention required is very high for murder. There must be intention present and the

intention must be to cause the death of the person, not only harm or grievous hurt without the

intention to cause death. Instances would include9

C. 1hooting someone at point blank range.

8. 1tabbing someone in the hurt

/. *anging someone by the neck till he dies

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Inflicting of bodily inury which the offender !nows is li!ely to cause death

The second situation covers instances where the offender has special knowledge about the

victim7s condition and causes harm in such a manner which causes death of the person. look at

this part of 1ection /BB very carefully. It states that the offender =knows likely to be the cause of

death> Instances would include9

C. 1undar is a hemophilic patient. 3andar knows this and cuts him in multiple places, which if

carried out on an ordinary person would not have cost him his life.

8. "olo is suffering from jaundice. 3ebo knows this and slips in alcohol in "olo7s medicine in

order to rupture "olo7s liver so "olo dies. "olo dies as a result of consuming the adulterated

medicine.

"odily inury which causes death in the ordinary course of nature

These situations cover such acts where there is bodily injury which in ordinary sequence of

events leads to the death of the person. )ead the part of the section carefully. The section

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actually has two conditions #irstly, the bodily injury inflicted is inflicted with the intention of

causing death of the person on whom it is inflicted. 1econdly, the bodily injury caused in the

ordinary course of events leads to death of someone.(n instance of the same would be9

C. Musharraf wants 1harif dead. In order to kill Musharraf picks up a hockey stick and

repeatedly hits him on the head. 1harif dies as a result of the injury.

$ommission of an imminently dangerous act without any legitimate reason which would cause

death or bodily injury which would cause death. This head covers the commission of those acts

which are so imminently dangerous which when committed would cause death or bodily injury

which would result in death of a person and that such an act is done without any lawful ecuse.

$ases under this head have three requirements $ommission of an inherently dangerous act the

knowledge that the act in all probability will cause death or bodily injury which will cause death

and the act is done without any ecuse Ethe ecuse must be lawful or legitimate ecuseF

Instances would include9

C. Throwing a high intensity bomb in a crowded public place.

8. Thrown loaded cast iron boes from a multi storied building in a busy thoroughfare.D

Illustrations

EaF ( shoots G with the intention of killing him. G dies in consequence. ( commits murder.

EbF (, knowing that G is labouring under such a disease that a blow is likely to cause his death,

strikes him with the intention of causing bodily injury. G dies in consequence of the blow. ( 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. 3ut if (, not knowing that G 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 (, 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.

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EcF ( intentionally gives G a sword'cut or club'wound sufficient to cause the death of a man in

the ordinary course of nature. G dies in consequence. *ere, ( is guilty of murder, although he

may not have intended to cause GHs death. EdF ( without any ecuse fires a loaded cannon into a

crowd of persons and kills one of them. ( is guilty of murder, although he may not have had a

premeditated design to kill any particular individual.

E#CEPTIONS TO SECTION !"": CULPABLE HOMICIDE NOT

AMOUNTING TO MURDER

When not murder, culpable homicide is a crime by itself. (s stated above a situation must first

become culpable homicide before it becomes murder. Though dealt with in detail in the

following section, the basic difference between culpable homicide and murder is the level of

intention involved. Where there is a very high level of intention involved the act usually falls

under murder. In addition to this general understanding Ethat acts when not murder are culpable

homicideF the I!$ itself lists certain cases when death is caused to be read as culpable homicide

not amounting to murder covers five specific situations9

Acts under gra#e and sudden pro#ocation

When a person looses self control on account of certain situation and causes the death of some

person. The provocation must be grave, it must be sudden, i.e. there must be no scope for pre

meditation and thirdly, it must not be self invited so as to use it as an ecuse to deprive a person

of his;her life.

(n eample of this situation will be9

( has an affair with 1. (7s husband returns home to find ( in a compromising position with 1.

1eeing his wife in such a position and without further thinking he reaches out for a knife and

kills 1. 1 will have committed culpable homicide not amounting to murder.

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When $ri#ate %efense is exceeded in good faith

In eercising private defense either with respect to property or person, if a person accidently

eceeds his or her right in good faith or in wrong judgment and the act causes the death of a

person, the act is culpable homicide and not murder CB

Exceeding the Ambit of %ischarging $ublic %uties

When an officer or public servant eceeds his or her mandate of duties or authority given o him

or an officer or public servant assisting him eceeds the same, it is considered culpable homicide

not amounting to murder.CC

2ample9

Inspector $hulbul was given instructions to capture 4abbar but not shoot him. When the

transport convoy broke down and 4abbar moved from his seat $hulbul thought he is going to

escape and shot him. (t best $hulbul would have committed culpable homicide not amounting

to murder.

Illustrationsto 2ception C9 EaF (, under the influence of passion ecited by a rovocation given

by G, intentionally kills 5, GHs child. This is murder, in as much as the provocation was not given

by the child, and the death of the child was not caused by accident or misfortune in doing an act

caused by the provocation. EbF 5 gives grave and sudden provocation to (. (, on this

provocation, fires a pistol at 5, neither intending nor knowing himself to be likely to kill G, who

is near him, but out of sight. ( kills G. *ere ( has not committed murder, but merely culpable

homicide. EcF ( is lawfully arrested by G, a bailiff. ( is ecited to sudden and violent passion by

the arrest, and kills G. This is murder, in as much as the provocation was given by a thing done

by a public servant in the eercise of his powers. EdF ( appears as witness before G, a Magistrate,G says that he does not believe a word of (Hs deposition, and that ( has perjured himself. ( is

moved to sudden passion by these words, and kills G. This is murder. EeF ( attempts to pull GHs

nose, G, in the eercise of the right of private defence, lays hold of ( to prevent him from doing

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