Introduction
Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to crime against the intention to kill. In today’s blog post, we aim to shed light on the prevailing issues related to accidental death or murder, the legal framework in place for their protection, and the steps we can take as a society to combat these heinous acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.
Meaning of Culpable Homicide
Culpable Homicide is defined under Section 299 of the Indian Penal Code (IPC). It refers to the act of causing the death of a person with the intention to cause death, or with the knowledge that such an act is likely to cause death. Culpable homicide is a more serious offence than the offence of causing death by negligence under Section 304A of the IPC. However, culpable homicide is distinguished from murder under IPC based on the presence of certain mitigating circumstances.
Section 299 further classifies culpable homicide into two categories:
- Culpable Homicide Not Amounting to Murder (Section 300, Exception 1): This provision covers cases where the act of causing death is committed without premeditation and is not done with the intention to cause death. The act may be done with the intention to cause bodily injury likely to cause death, or with the knowledge that it is likely to cause death. These cases are considered culpable homicide, but not murder.
Under Section 299, culpable homicide not amounting to murder is defined as causing the death of a person with the intention of causing death, or with the intention of causing such bodily injury that the act is likely to cause death. It also includes cases where the person causes bodily injury knowing that it is likely to cause death but without any intention to cause death. The offence may also be committed when the person causes bodily injury to a pregnant woman resulting in the death of the unborn child if the act is done with the intention of causing miscarriage or with the knowledge that it is likely to cause the death of the unborn child.
Essential Elements of Culpable Homicide not Amounting to Murder:
(a). The presence of an intention to cause death.
(b). The presence of an intention to cause bodily injury that is likely to cause death.
(c). Knowledge that the act is likely to cause death.
CASE
According to the case of Nara Singh Challan v. State of Orissa (1997), Section 299 of the Indian Penal Code is the general provision, while Section 300 of the IPC is the specific provision regarding murder. Therefore, culpable homicide not amounting to murder is not an independent section but is encompassed within Section 300, which defines murder. The court further categorized culpable homicide into three degrees: murder (Section 300), culpable homicide of the second degree (Section 304 Part 1), and the lowest degree of culpable homicide (Section 304 Part 2).
- Culpable homicide amounting to murder refers to the act of causing the death of a person with the specific intent to cause death or inflict such bodily injury that is likely to cause death. This category of culpable homicide falls under Section 300 of the Indian Penal Code. To establish culpable homicide amounting to murder, four essential ingredients or conditions must be fulfilled:
Essential Elements of Culpable Homicide Amounting to Murder:
- The presence of an intention to cause death.
- The presence of an intention to cause bodily injury that the offender knows is likely to cause the death of the person harmed.
- The presence of intention to cause bodily injury to any person, and the inflicted bodily injury is sufficient in the ordinary course of nature to cause death.
- The person committing the act has knowledge that it is so imminently dangerous that it will probably cause death or such bodily injury that is likely to cause death. Additionally, the act is committed without any excuse for incurring the risk of causing death or such injury.
Exceptions to Section 300 of the Indian Penal Code 1862
Exceptions to Section 300 of the Indian Penal Code 1862 state that culpable homicide may not amount to murder in specific circumstances:
- If the act is committed due to grave and sudden provocation, leading to a loss of self-control.
- If the offender causes death while exercising the right of private defence of person and property in good faith.
- If a public servant causes death while performing duties in good faith and believing them to be lawful.
- If the death occurs during a sudden fight in the heat of passion upon a sudden quarrel.
- If a person above 18 years of age consents to their own death.
Culpable homicide occurs when someone unintentionally causes the death of a person other than the intended target
Section 301 of the Indian Penal Code deals with culpable homicide when the death of a person occurs unintentionally while attempting to kill someone else. The section states that if a person causes the death of another person while trying to kill them, the intention behind causing harm or death to someone other than the intended target is not taken into account.
Through the perspective of Sec 299 and Sec 300 IPC
The law makes no distinction between intentional and unintentional deaths. According to Sections 299 and 300 of the Indian Penal Code, the intention to cause harm or death applies to any person, not just a specific target. So, if someone shoots with intent but accidentally kills another person, they are equally liable for both deaths. In some cases, courts have upheld this principle, holding individuals responsible for unintended deaths caused by their actions.
CASES
R. v Latimer (1886)
The case of R. v Latimer (1886) involved a person engaged in a fight who unintentionally injured a woman when his belt rebounded. Despite his lack of intention to harm her, the court held him responsible for the injuries inflicted on the woman. The court established that the intent to harm transferred from the man he originally intended to hit with his belt to the woman who was accidentally injured.
Rajbir Singh v. State of U.P.
In the case of Rajbir Singh v. State of U.P., the Supreme Court criticized the Allahabad High Court for neglecting Section 301 of the Indian Penal Code. A girl died from a bullet fired at another person, and the High Court deemed it a mistake without any intention to kill. However, the Supreme Court disregarded the accused’s intention and rejected the High Court’s reasoning, holding the accused responsible for his actions.
Section 304 of IPC
Section 304 of the Indian Penal Code deals with punishment for culpable homicide not amounting to murder (Section 299 IPC). It provides different sentences based on the intention and knowledge of the person causing death:
- If death is caused with intention or knowledge of likely death, the person may get life imprisonment or imprisonment of up to ten years, along with a fine (Section 304(1) IPC).
- If death is caused without the intention of causing death or knowledge of likely death, the person may receive imprisonment of up to ten years, along with a fine (Section 304(2) IPC).
CASE
Shanmugam v. State of T.N., the accused was sentenced to life imprisonment under Section 304(1) as there was a clear intention or knowledge of causing death or serious bodily injury. The court considered Exception 4 under Section 300, making it fall under Section 299 of the IPC.
Punishment
Section 304 of the Indian Penal Code deals with punishment for culpable homicide not amounting to murder (Section 299 IPC). The section outlines three scenarios: intentional death-causing acts, acts with knowledge of likely death, and acts without intention but with knowledge of likely death. For the first scenario, the offender can face life imprisonment or imprisonment up to ten years, along with a fine. In the second and third scenarios, the punishment includes imprisonment of up to ten years, along with a fine. The section aims to address different degrees of culpability and provide appropriate penalties accordingly.
Section 302 of IPC
Section 302 of the Indian Penal Code provides punishment for murder or culpable homicide amounting to murder (Section 300 IPC). It prescribes life imprisonment or the death penalty, along with a fine.
CASES
Regarding the death penalty, it is reserved for the “rarest of the rare” cases, as established in the case of Bachan Singh v. State of Punjab. The conditions for applying the death penalty were outlined in Machhi Singh And Others v. State Of Punjab, including extremely brutal crimes, large-scale murders, crimes based on caste or creed, motives of cruelty or depravity, and victims being children, helpless women, or public figures.
Determining what constitutes the “rarest of the rare” remains subjective, leading to debates on whether India should consider abolishing the death penalty, as seen in the recent Mukesh & Anr vs State For Nct Of Delhi & Ors (Nirbhaya case), where all accused were sentenced to the death penalty.
Differences between culpable homicide and murder
Murder is an aggravated form of culpable homicide. The key difference lies in the certainty of causing death. Murder involves a definite intention to kill, while culpable homicide allows for ambiguity and the likelihood of causing death. The distinction lies in the degree of intention and knowledge involved in the crimes.
CASE
In the case of Reg. v. Govinda, a clear distinction was made between culpable homicide and murder. During a quarrel between a husband and wife, the husband knocked the wife in a fit of anger. The wife became unconscious, and the husband tried to wake her by punching her with closed palms. Unfortunately, the wife died due to internal bleeding in her brain. Justice Melvil held that the man was liable under Section 299 of IPC as there was no intention to cause death, and the act was not severe enough to cause immediate death.
Landmark judgments regarding culpable homicide are, as follows:
Bhagwan Singh v. State of Uttarakhand -The Supreme Court ruled that using licensed guns for celebrations is dangerous and can lead to fatalities. The accused was found guilty of culpable homicide due to negligence.
Ram Kumar v. State of Chhattisgarh -The appellant brutally attacked his sister-in-law just before her wedding. She managed to escape and filed a police report, but sadly, she passed away on the way to the hospital. The court examined whether the police report could be considered a dying declaration, citing a previous case as a reference. The appellant was initially convicted of murder but appealed the decision. Upon reviewing the post-mortem report, which indicated that the victim could have been saved if she had reached the hospital earlier, the court changed the appellant’s conviction to culpable homicide not amounting to murder.
The case of Minister of Justice and Correctional Services v. Estate Stransham-Ford in South Africa – Involved a cancer patient who sought legal permission to end his life in order to relieve his suffering. He claimed that this right was protected under the Bill of Rights in the South African Constitution. The court granted his request for assisted euthanasia, but unfortunately, he passed away within two hours of the judgment. The High Court highlighted that assisted euthanasia is only allowed when authorized by the state.
Conclusion
This article discusses culpable homicide, which involves causing someone’s death through a potentially fatal act. The Indian Penal Code distinguishes two types: culpable homicide not amounting to murder (Sec 299 IPC) and culpable homicide amounting to murder (Sec 300 IPC). Punishment for the latter is either the death penalty or life imprisonment, while the former carries imprisonment for 10 years, a fine, or both, extendable to life imprisonment if the intention is present. Section 301 of the IPC addresses accidental killings while attempting to harm another person.
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