This article is written by MS. ROSHANI CHAUDHARY of 3^rd semester studying B.A.LL.B[hons] in UNIVERSITY OF RAJASTHAN, FIVE YEAR LAW COLLEGE, JAIPUR. 

MURDER

Murder is the unjustified, unexcused killing of one human being by another human being with malice aforethought. Section 300 defines MURDER like Subject to the five exceptions, culpable homicide is murder, if the act by which the death is caused is done 

1. with the intention of causing death;
2. with the intention of causing such bodily injury as the offender knows to be likely to cause death of that particular person;
3. with the intention of causing bodily injury to any person, such injury being sufficient in the ordinary course of nature to cause death;
4. with the knowledge that the act is so imminently dangerous that it must , in all probability, cause death or such bodily injury as is likely to cause death.

Illustrations –

1. A shoots Z with an intention of killing him. Z dies in consequence. A commits Murder.
2. A intentionally gives Z a sword cut that sufficient in ordinary course of nature to cause death. Z dies because of the cut. A commits Murder even though he had no intention to kill Z.
3. A without any excuse fires a loaded canon on a crowd. One person dies because of it. A commits Murder even though he had no intention to kill that person.

Section 300 also specifies certain situations when the Murder is considered as Culpable Homicide not amounting to Murder. These are-

1. If the offender does an act that causes death because of grave and sudden provocation by the other.

2. If the offender causes death while exceeding the right to private defense in good faith.

3. If the offender is a public servant and does an act that he, in good faith, believes to be lawful.

4. If the act happens in a sudden fight in the heat of passion.

5. If the deceased is above 18 and the death is caused by his own consent.

Exceptions to murder:

Exception 1. – When culpable homicide is not murder.

1. When a person is deprived of the power of self-control and causes death by such mistake or accident, it shall not amount to murder, but rather culpable homicide.
2. However, this exception is subject to provisos, which include:

a] First.— There is no voluntary provocation that later on serves the purpose of an excuse for killing or doing harm.

b] Secondly.— Such provocation is not due to the act of public servant, obedience to law or anyother lawful exercise of the powers of such public servant.

c] Thirdly. — The provocation is not given by anything done in the lawful exercise of the right of private defense.

Exception II – Exceeding the Right of Private Defense.

Exception 2 to the clause deals with those cases wherein the right of private defense of a person is exceeded. If there is an  intention that can be clearly made out the offence constitutes murder, if it is unintentional, it amounts to culpable homicide not amounting to murder.

Culpable homicide will in any case not be murder if the offender, in the exercises more than necessary force for his private defence. In such a case if death is caused by exercising the same without any scope of time of premeditation to think about the act they are going to commit and there is no intention to do more than necessary harm, the story may be slightly different.

Exception III – Public servants exceeding his powers.

This is applicable if the public servant causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of duty as such public servant there mustn’t be any ill-will involved.

In the case of Dukhi Singh vs State, the appellant who was a constable of the RFF (Railway Protection Force) while on duty killed a fireman unintentionally. The constable fired the shots to catch the escaping thief and was therefore entitled to the benefit of this section.

Exception IV — Sudden Fight.

Death is caused in a very sudden fight in the heat of passion with no scope for thinking of the consequences of the action thoroughly. In such a case, the fact that a particular party committed the assault first remains immaterial.

Certain essential ingredients that invoke this clause can include the following

1. There must be a sudden fight.

2. There must be heat of passion and no proper scope of thought.

3. Undue advantage of the offender is taken.

4. The offender must not be acting in a cruel or an unusual manner.

5. The fight must have been with the person killed.

Exception V – Consent

Consensual giving up of life is not permitted by law. The consent may mitigate the punishment ascribed for such act but that is all. The offender may not be exonerated on such grounds; Further, it shall not constitute murder if the person who’s consent is involved is above the age of eighteen years.

Essential ingredients of this exception are:-

1. Consent;

2. By person above age of eighteen years, and

3. Consent must be free and voluntary

Consent should be unconditional and without any reservation. In this case, where the accused killed his stepfather who was an infirm, old and invalid man, with the latter’s consent. It was held that the offense was covered by the Exception 5 to Section 300 and punishable under the first part of Section 304. 

CASE LAW:

Augustine Saldanha vs State of Karnataka LJ 2003: SC deliberated on the difference of Culpable Homicide and Murder. SC observed that in the scheme of the IPC Culpable Homicide is genus and Murder its specie. All ‘Murder’ is ‘Culpable Homicide’ but not vice-versa. Speaking generally, ‘Culpable Homicide’ sans ‘special characteristics of Murder is Culpable Homicide not amounting to Murder’. For the purpose of fixing punishment, proportionate to the gravity of the generic offence, the IPC practically recognizes three degrees of Culpable Homicide. The first is, what may be called, ‘Culpable Homicide of the first degree’. This is the greatest form of Culpable Homicide, which is defined in Section 300 as ‘Murder’. The second may be termed as ‘Culpable Homicide of the second degree’. This is punishable under the first part of Section 304. Then, there is ‘Culpable Homicide of the third degree’. This is the lowest type of Culpable Homicide and the punishment provided for it is also the lowest among the punishments provided for the three grades. Culpable Homicide of this degree is punishable under the second part of Section 304.

CONCLUSION: 

Murder, as is defined under Section 300 of the Indian Penal Code and culpable homicide as is defined under Section 299 of the Indian Penal Code are two offences, the distinction between which has been a matter of perplex to all in the legal fraternity. The question is when death of man is to be treated as culpable homicide or murder. Culpable denotes a ‘blameworthy state of mind’ and Homicide refers to killing a person. Thus culpable homicide refers to taking the life of another person, where the act has been done with criminal intent. There is a thin difference between the two. The difference lies merely in the term “intention to commit murder”. 

REFERENCES: 

1. https://blog.ipleaders.in/murder-under-indian-penal-code-all-you-need-to-know-about-it/?amp=1
2. https://legalserviceindia.com/legal/article-7177-murder-section-302-under-ipc.html
3. https://indianknoon.org/doc/626019

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