This article has been written by MS. ROSHANI CHAUDHARY, a student studying B.A.LL.B[HONS] from UNIVERITY OF FIVE YEAR COLLEGE, UNIVERSITY OF RAJASTHAN, JAIPUR. The author is a 2^nd year student. 

OFFENCES AFFECTING LIFE

Every person has it’s own beautiful life and he or she has full right to live with peace and harmony. No other person has any kind of right to destroy someone’s life. Humanity is not only a word but it is an emotion with connect one human to another human with love. But now the negativity has surrounded the people with jealousy, anger, revenge, lies, fraud etc. There are many offences which are affecting people’s life. These offences are giving a lot of pain and problems in any individual’s life. People are now forgetting their basic moral and values. They are in hurry to succeed and for that they can afford to risk someone’s life too. We can see daily news of murder, theft, kidnapping, rape etc. We have to now understand the consequences of affecting someone’s life. The interference in other’s life is an offence and people have to understand this. Under the INDIAN PENAL CODE,1860 includes various offences:

1. Section 299- Culpable homicide
2. Section 300- Murder
3. Section 301- Culpable homicide by causing the death of a person
4. Section 302- Punishment for murder
5. Section 303- Punishment for murder by a life convict 
6. Section 304- Punishment of culpable homicide not amounting to murder
7. Section 305- Abetment of suicide of child or insane person
8. Section 306- Abetment of suicide
9. Section 307- Attempt to murder
10. Section 308- Attempt to commit culpable homicide 
11. Section 309- Attempt to commit suicide 
12. Section 310- Thug
13. Section 311- Punishment 

Human beings often attempt or cause the death of the other human body for many reasons like they are superior among all. They think that by doing these type of heinous crime, they can be escaped. But this is not the reality and they have to understand that life is a precious gift and they can’t destroy someone’s or itself. When these offences happen in society, they leave a real bad impact on their family and surroundings. These offences create fear in society. 

A]. CULPABLE HOMICIDE: 

The word HOMICIDE is derived from “homo” and “cido”. Homo means human and Cido means killing by a human. Homicide means killing of a human being by another human being. It is the highest degree of the bodily injury that can be inflicted on a human body. In every case of homicide, one who causes death of other is not culpable. Culpable means blameworthy, guilty. 

For example: Death caused by self defence, by reason of mistake, bonafide execution of law etc. Likewise, f death is caused without any criminal intent or by accident or misfortune, the man will be accused from the criminal liability. On the other hand if the killing is not justified either by law or facts the accused will be prosecuted and punished under law. Hence, homicide may be lawful or unlawful. 

B]. MURDER:

Subject to certain exception, culpable homicide or murder if the act by which the death is caused is done. Murder is done with the intention of causing death. With the intention of causing such body injury as the offender knows be likely to cause the death of the person to whom the harm is caused. 

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. 

C]. CULPABLE HOMICIDE BY CAUSING THE DEATH OF THE PERSON

The section says that if a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor know himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person, whose death be intended or knew himself to be likely to cause. 

Illustration : 

1. A shoots B but mistakenly kills C. A can only held liable when C is a human being. 
2. A shoots B[ a dog] but misses and kills C [ a human being ]. A will not be held liable because mens rea was there to kill a dog.

D] PUNISHMENT FOR MURDER:

Whoever commits murder shall be punished with death or imprisonment and shall also be liable to fine. The issue of death penalty has to be examined in two perspective :

1. The rationale behind the death penalty
2. The test for a matter falling under the category of capital punishment 

E] PUNISHMENT OF MUDER BY A LIFE CONVICT :

Life convict is a person who is found guilty of a crime is sentenced to life imprisonment by the court. Section 303 provides that if any person commits murder who is sentenced with life imprisonment shall be punishable to death. Section 303 is only applicable to the person who is convicted under section 302. 

F] PUNISHMENT OF CULPABLE HOMICIDE NOT AMMOUNTING TO MURDER:

Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment of life, or imprisonment for life, of imprisonment of either description  for a term which may extend to 10 years and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing such bodily injury as is likely to cause death. 

G] ABETMENT OF SUICIDE OF CHILD OR INSANE PERSON:

Abetment of suicide of a child or an insane person is dealt with section 305 of INDIAN PENAL CODE, 1860. It states that anyone who aids or abets any person under age of 18 or any insane person in committing suicide shall be punishable with imprisonment for life, or a period of imprisonment not to exceed 10 years or fine or both. 

H] ABETMENT OF SUICIDE:

If any person abets, entics, or compels someone to commit suicide, then they shall be penalised under section 306 of the INDIAN PENAL CODE, 1860. A person abetting, enticing or compelling someone to commit an offence is known as “abettor” as per section 108 of IPC. 

I] ATTEMPT TO MURDER:

Section 307 deals with the provisions relating to the attempt to murder. Punishment of this offence is 10 years and fine. It is a cognizable offence. It is non-bailable too. Attempt to murder is a failed attempt to cause the death of the victim. 

J] ATTEMPT TO COMMIT CULPABLE HOMICIDE:

The attempt to commit culpable homicide is covered in section 308. According to this section, whoever does any act with such intention or knowledge and under such circumstances that, if he causes death by the act, he would be guilty of culpable homicide, not amounting to him murder. He shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

G] ATTEMPT TO COMMIT SUICIDE:

This section lays down that attempt to suicide is an offence in IPC. It is punishable under section 309 of IPC. Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine or both. 

I] THUG:

This section defines the meaning of the thug. While punishment for a thug has been provided in the section 311. Whoever at any time after the passing of this act, shall have been habitually associated with any other or others for the purpose of committing robbery or child stealing by means of or accompanied with murder is a thug.

J] PUNISHMENT FOR THUG

Whoever is a thug, shall be punished with imprisonment for life also be liable to fine.

REFERENCES:

1. https://devgan.in/ipc/section/311
2. https://blog.ipleaders.in/offences-against-human-body/?amp=1
3. https://www.legalserviceindia.com/legal/article-3981-interpretation-of-offences-affecting-life.html

Aishwarya Says:

Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com

Join our  Whatsapp Group for latest Job Opening