Definition of Murder under IPC
Section 299 and Section 300 of the IPC deal with murder. According to these sections, all murders can be called culpable homicides, but all culpable homicides are not called murders. Therefore, it could be stated that murder is culpable homicide, but all culpable homicides are not murder. Since culpable homicides are a crime, the Indian Penal Code specifies strict penalties for it under Article 302.Description of Section 302
Section 302 of the Indian Penal Code (IPC) defines the offence of murder, which is one of the most serious crimes under Indian law. It states that whoever commits murder shall be punished with death, imprisonment for life, or imprisonment for up to 10 years, and shall also be liable to a fine. According to the section, murder is defined as the intentional and unlawful killing of any person, either to cause death or with the knowledge that the act is likely to cause death. The section also includes culpable homicide not amounting to murder, which refers to cases where a person causes the death of another person without intending to do so, but with the knowledge that their actions are likely to cause death.
To establish the offence of murder under section 302, the prosecution must prove beyond reasonable doubt that the accused had the intention or knowledge to cause the victim's death. The section also provides exceptions where causing death may not amount to murder, such as in cases of self-defence or exercising the right of private defence.
Essential
Elements of Murder
Under Section 302
of the Indian Penal Code (IPC), the essential elements of murder are:
- Intention or knowledge: The
accused must have the intention to cause the death of the victim or the
knowledge that their actions are likely to cause death. The intention can
be inferred from the circumstances and the accused's conduct.
- Act: The accused must have
committed an act that caused the victim's death. The act can be an
act of commission or omission, such as poisoning, stabbing, shooting, or
starving.
- Causation: There must be a causal
link between the accused's act and the victim's death. The accused's act must have been the direct and immediate cause of the
victim's death.
- Without any legal justification
or excuse: The accused's act must not be justified or excused under
the law. The exceptions to this rule are the right to private defence and
the exercise of a lawful duty.
If all of these elements are present, the accused can be charged with the offence of murder under Section 302 IPC.
Example: An
example of murder under Section 302 IPC could be as follows:
Suppose that A,
who is angry with B, plans to kill him. A obtains a gun and waits for B outside
his house. When B comes out, A shoots him, and B dies on the spot. In this
case, all the essential elements of murder under Section 302 IPC are present. A
had the intention to kill B; he committed an act (shooting B), the act caused
B's death, and there was no legal justification or excuse for A's actions. Thus,
A could be charged with the offence of murder under Section 302 IPC and, if found
guilty, could be punished with imprisonment for life or the death penalty,
along with a fine.
Punishment for Murder:
It is a non-bailable, cognizable offence and triable by the Court of Session. Therefore, life imprisonment with a fine or the death penalty is the punishment under this section of IPC. The significance of the Indian Penal Code Section 302 cannot be overstated. Only under this provision do those suspected of murder go to trial. Furthermore, Section 302 stipulates punishment for those who commit a crime, such as murder, and are proven guilty. Anyone found guilty of murder is subject to the maximum penalty of life in prison, a fine, and the death penalty in extreme cases. When deciding whether or not to find someone guilty of murder, the court gives primary weight to the accused person's motives. That's why establishing the accused person's motive and intent is crucial under this provision.
Section 302 does
not apply in some cases.
While Section 302 of the Indian Penal Code (IPC) is the primary provision that deals with the offence of murder, there are certain situations where this section may not apply. Some of these situations are:
Justifiable homicide: Homicide may be considered justifiable if it is committed in self-defence or in defence of others. In such cases, the act of causing death may not amount to murder, and the accused may be acquitted. For example, suppose that A is walking down a deserted road when B attacks him with a knife. In self-defence, A takes out a gun and shoots B, causing his death. In this case, A's act of causing death may not amount to murder, and he may be acquitted, as he acted in self-defence.
Culpable homicide not amounting to murder: Section 299 of the IPC defines culpable homicide as not amounting to murder. This provision applies in cases where a person causes the death of another person without intending to do so but with the knowledge that their actions are likely to cause death. In such cases, the punishment for the offence is imprisonment for up to 10 years. For example, suppose that A and B get into a fight, and A hits B with a stick, causing his death. In this case, A may be charged with the offence of culpable homicide not amounting to murder, as he did not intend to cause B's death but knew that his actions were likely to cause death.
Insanity: If the accused was suffering from a mental illness or defect at the time of the offence, they might not be held criminally liable for their actions. For example, suppose that A suffers from a mental illness and, in a delusional state, kills B. In this case, A may not be held criminally liable for his actions, as he was not in control of his mental faculties at the time of the offence.
Accidental death: If the death of
the victim was caused accidentally, without any intention or knowledge on the
part of the accused, Section 302 might not apply. For example,
suppose that A is cleaning his gun when it accidentally goes off, and the bullet hits B, causing his death. In this case, Section 302 may not apply, as A did not have any intention or knowledge of causing B's death, and the death was accidental. It is important to note that the determination of whether Section 302 applies or not in a particular case depends on the facts and circumstances of the case and is left to the discretion of the court.
What is the difference between murder and homicide?
The terms
"murder" and "homicide" are often used interchangeably in
everyday language, but they have different meanings in legal terms. Homicide is
a broader term that refers to the act of causing the death of another person.
At the same time, murder is a specific type of homicide that involves certain
elements and intentions.
·
Homicide can be further divided into two categories:
lawful and unlawful. Lawful homicide refers to cases where a person causes the
death of another person but does so legally, such as in cases of self-defence
or the execution of a death sentence. Unlawful homicide, on the other hand,
refers to cases where a person causes the death of another person illegally
without any legal justification or excuse.
·
Murder, as a specific type of unlawful homicide,
involves intentionally killing another person with malice aforethought. Malice
aforethought refers to the intent to kill, cause grievous bodily harm, or
commit an inherently dangerous act to human life. In other words, murder is a
deliberate and premeditated act of killing someone to cause harm.
·
In contrast, not all homicides are murders. For
example, suppose a person causes the death of another person by accident
without any intention or premeditation. In that case, it may be considered a
case of involuntary manslaughter, a form of unlawful homicide but not murder.
Similarly, killing another person in self-defence may not be considered murder,
as the act may be justified.
In summary,
homicide is the act of causing the death of another person. At the same time,
murder is a specific type of homicide involving the intentional and
premeditated killing of another person with malice. It is important to
distinguish between the two terms, as they have different legal implications
and consequences.
The distinction
between murder and culpable homicide is defined by the Hon’ble Court in a
famous case that is “A. P. vs R. R. Punnaiah, (1976) 4 S. C. C. 382.” In
this case, the accused, Punnaiah, had a land dispute with the deceased,
Narasimha Reddy. On the day of the incident, Punnaiah armed himself with a
sickle and went to confront Narasimha Reddy. A scuffle broke out between the
two, and Punnaiah ended up striking Narasimha Reddy with the sickle, causing
his death. The trial court convicted Punnaiah of murder under Section 302 of
the Indian Penal Code (IPC). However, on appeal, the High Court of Andhra
Pradesh set aside the conviction and instead convicted Punnaiah of culpable
homicide not amounting to murder under Section 304 Part I of the IPC. Punnaiah
then appealed to the Supreme Court of India.
The Supreme Court
upheld the High Court's decision and convicted Punnaiah of culpable homicide
not amounting to murder. The court held that Punnaiah had not intended to cause
Narasimha Reddy's death but had only intended to cause him grievous bodily
harm. Therefore, the offence committed by Punnaiah was not murder but rather
culpable homicide not amounting to murder. This case is significant because it
illustrates the distinction between murder and culpable homicide not amounting
to murder and highlights the importance of determining the accused's intent and
state of mind at the time of the offence. It also serves as a reminder that the
application of the law depends on the specific facts and circumstances of each
case and that the court must carefully consider all the evidence before making
a decision.
The exception to section 300 of the Indian Penal Code, where homicide not amounting to Murder
Section 300 ofthe Indian Penal Code (IPC) deals with the definition of murder. According to
this section, culpable homicide is considered murder if it is committed with
any of the following intentions:
- Intention to cause death: If a
person causes the death of another person with the intention of causing
death, it is considered murder under Section 300(a) of the IPC.
- The knowledge that the act will
cause death: If a person causes the death of another person with the
knowledge that the act is likely to cause death, it is considered murder
under Section 300(b) of the IPC.
- Intention to cause bodily injury likely to cause death: If a person causes the death of another person with
the intention of causing bodily injury that is likely to cause death, it
is considered murder under Section 300(c) of the IPC.
- Intention to cause bodily injury
for a purpose: If a person causes the death of another person with the
intention of causing bodily injury for a specific purpose, such as
extortion or to facilitate the commission of another crime, it is
considered murder under Section 300(d) of the IPC.
It is important
to note that the intent or knowledge of the accused at the time of the offence
is a crucial factor in determining whether an offence can be considered murder
under Section 300 of the IPC. The section makes it clear that the mere act of
causing the death of another person is not enough to constitute murder, and
there must be a specific intent or knowledge involved. The punishment for
murder under Section 302 of the IPC can range from life imprisonment to the
death penalty, depending on the severity of the offence and other factors.
Exceptions Against
Section 302 IPC are:
Section 302 of
the Indian Penal Code (IPC) deals with the offence of murder, which is one of
the most serious crimes under the Indian criminal justice system. However,
there are certain exceptions that may apply in certain circumstances, which may
reduce the offence from murder to culpable homicide, not amounting to murder.
Here are some of the common exceptions to Section 302 IPC:
- Grave and sudden provocation: If a
person causes the death of another person in the heat of passion caused by
grave and sudden provocation, and the provocation was not premeditated,
the offence may be reduced to culpable homicide not amounting to murder
under Section 304 Part I of the IPC.
- Exercise of the right of private
defence: If a person causes the death of another person
while exercising the right of private defence, and the force used was
proportionate to the threat faced, the offence may be justified under
Section 96 to Section 106 of the IPC.
- Intention to cause grievous hurt: If a
person causes the death of another person with the intention of causing
grievous bodily harm but not with the intention of causing death, the
offence may be reduced to culpable homicide not amounting to murder under
Section 304 Part I of the IPC.
- Insanity or mental illness: If a
person causes the death of another person while suffering from insanity or
mental illness, the offence may be reduced to culpable homicide, not
amounting to murder under Section 84 of the IPC.
- Consent: If a
person causes the death of another person with the latter's consent, and
the act was not done for any unlawful object, the offence may not be
considered murder.
It is important
to note that these exceptions are subject to various conditions and
limitations, and their applicability depends on each case's specific facts and circumstances. The court must carefully consider all the
evidence before deciding whether an offence can be reduced from murder to culpable
homicide, not amounting to murder, based on any of these exceptions.
References
https://indiankanoon.org/doc/605891/
https://www.lawnn.com/murder-section-300-indian-penal-code/
https://www.legalserviceindia.com/legal/article-9912-the-concept-of-murder-with-exception.html#:~:text=The%20conviction%20under%20section%20302,a%20cruel%20or%20unusual%20manner.
https://www.aaptaxlaw.com/IPC/ipc-302-303-304-304A-304B-305-306-307-308-309-311-312-313-314-315-316-317-318-offences-affecting-the-human-body-indian-penal-code-1860.html
About Writer
The author of the blog post, Rajiv Shukla, has been a practising advocate at Allahabad High Court since the year 2000. With over two decades of experience in the legal profession, he has represented clients in various criminal cases, including cases related to murder under Section 302 of the Indian Penal Code. As a seasoned legal professional, Shukla has extensive knowledge and expertise in the Indian legal system and criminal law. He has a deep understanding of the nuances of criminal cases and the various provisions of the Indian Penal Code. Shukla's experience as a practising advocate and his understanding of the legal system and its workings make him a reliable source of information on matters related to criminal law. In his blog post on "Murder (Section 302) Under IPC", Shukla shares his insights and expertise on the topic, providing a detailed analysis of the legal provisions related to murder under Section 302 of the IPC. He offers valuable information and guidance to readers, helping them better understand the legal implications of this offence and its consequences. Overall, as a practising advocate at Allahabad High Court, Rajiv Shukla brings a wealth of knowledge and expertise to the table, making him a trustworthy source of information on matters related to criminal law in India.
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