Culpable Homicide

Explaining Culpable Homicide and Distinguishing it with Murder.When a culpable homicide amounts to murder and when it does not amount to murder.

Culpable Homicide (Section 299, 301 and 304):

The term “Culpable Homicide” means, “Criminal” and “Homicide” means “Killing of a human being by another human being” Sec-299 of IPC1860 defines Culpable Homicide as, “Whoever causes death by doing an act with an intention of causing death or with an intention of causing death of such bodily injury which is likely to cause death or with the knowledge that he is likely by such act to cause death, commits the offence of a culpable homicide”.

Eg: A knows that Z is behind a Bush. B does not know about this. A knowing that it 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 an offence but A has committed the offence of culpable homicide.

Ingredients:

To constitute the offence of culpable homicide, the following has to be satisfied, they are:

1) Causing death of an human being

2) Such death must have been caused by doing an act:

a) With an intention of causing a death or

b) With an intention of causing such a bodily injuries as it is likely to cause death or

c) With the knowledge that the doer is likely by such act to cause death.

Thus, to constitute a culpable homicide, it must be proved that the victim is dead. Secondly, the death is caused according to the means as alleged by the prosecution. Thirdly, the accused acted intentionally or knowingly.

In Ram Sagar Yadav

V

State of U.P

In this case, the police arrested a person called Brijlal under the false charges of dacoit and was beaten to death. The Supreme Court held that it amounted to culpable homicide under Sec-304.

Section 301:

According to Sec-301, culpable homicide may be committed by causing a death of a person whom the offender did not intended to kill.

Section 304: (Punishment)

Section 304 provides punishment for the culpable homicide not amounting to murder, It is the life Imprisonment or 10 years of Imprisonment with fine.

Murder (Section 300)

Culpable Homicide when amounts to Murder:

Firstly: 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.

Eg:

A shoots Z with the intention of killing him.

Z dies in consequence. A commits murder.

Exceptions:

When Culpable Homicide is not a murder:

Following are the instances for the Culpable Homicide not amounting to murder, they are:

1) Grave and Sudden Provocation

2) Right of Private Defense

3) Public Servant exceeding his power

4) Sudden fight

5) Consent

1. Grave and Sudden Provocation:

Culpable homicide is not murder, if the offender being deprived of his self control by grave and sudden provocation causes the death of that person, or any other person by mistake or accident.

Eg: A, under grave and sudden provocation given by Z kills Z's child intentionally. This is murder and not culpable homicide

Exception:

a) The provocation should not have been made voluntarily by the accused himself. If he does so it will he murder.

b) It is not a provocation if it is caused to the accused by a public servant while exercising lawful powers over the accused.

c) The provocation is not given by anything done in private defense.

In KM Nanavati

 V

State of Maharashtra (film: Rustom of Akshay Kumar)

N's wife admitted before N about the adultery, with one Ahuja. Then, N went to his office took his revolver, went to Ahuja's house and killed him. Defense was 'grave and sudden provocation'. There was sufficient time between the provocation and the act of killing. The court held that this was murder and not culpable homicide.

In Balku's case:

A and B were sleeping together outside the house. Sometime in the night B got up, went inside the house and had illegal connection with A's wife. ‘A’ saw this through an aperture. B returned and slept in his place. Thereupon A stabbed B several times and killed him.It was held culpable homicide.

2. Right of Private Defense

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

3. Public Servant exceeding his power:

Culpable homicide is not murder, if the offender being a public servant exceeds his legal power and causes death in good faith. The act must be lawful and necessary. There must be no malafide intention.

4. Sudden fight

Culpable homicide is not murder, if it is committed by a person without any intention but in sudden fight in the heat of passion and without taking any undue advantage over the other person. This is culpable homicide and not murder.

In Raju Ghosh Case:

There was a pitched quarrel and sudden fight between A and B. While fighting A hit with heavy piece of wood to B, B died. It was held that, this is culpable homicide and not murder.

5. Consent

Culpable homicide is not murder, when the deceased being above the age of 18 suffers death with his own consent.

Eg: A instigates Z below 18 commit suicide stating that life was useless. A has abetted murder.