Never take life seriously. Nobody gets out alive anyway.

Indian Penal Code 1860

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVI

1

OF OFFENCES AFFECTING THE HUMAN
BODY

OF OFFENCES AFFECTING LIFE

299. Culpable homicide

300. Murder When culpable homicide is not murder

301. Culpable homicide by causing death or person other than person whose death was intended

302. Punishment for murder

303. Punishment for murder by life-convict

304. Punishment for culpable homicide not amounting to murder

304A. Causing death by negligence

304B. Dowry death

305. Abetment of suicide of child or insane person

306. Abetment of suicide

307. Attempt to murder

Attempts by life convicts

308. Attempt to commit culpable homicide

309. Attempt to commit suicide

310. Thug

311. Punishment

CHAPTER XVI

1

OF OFFENCES
AFFECTING THE HUMAN BODY

299. Culpable homicide:

Whoever causes death by doing an act with the intention of causing death,or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.

Illustrations

(a) A lays sticks and turf over a pit, with the intention of there by causing death, or with the knowledge that death is likely to be thereby caused. Z believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.

(b) A knows Z to be behind a bush. B does not know it A, intending to cause, or knowing it to be likely to cause Z’s death,
induces B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.

(c) A, by shooting at a fowl with intent to kill and steal it, kills B who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death.

Explanation 1—A person who
causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.

Explanation 2—Where death is
caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented.

Explanation 3—The causing of
the death of child in the mother’s womb is not homicide. But it may amount to
culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been
completely born.

300. Murder: —

Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the
death is caused is done with the intention of causing death, or—

2ndly—

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—

3rdly

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—

4thly—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.

Illustrations

(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits
murder.

(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the
intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the
ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him
such a blow as would not in the ordinary course of nature kill a person in a sound state of heath, here A, although he may intend to cause bodily injury, is
not guilty of murder, if he d8id not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death.

(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of
nature. Z dies in consequence. Here, A is guilty of murder, although he may not have intended to cause Z’s death.

(d) A without any excuse fires a loaded connon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.

Exception I—

When culpable homicide is not murder

Culpable homicide is not murder if the offender, whilst deprived of the power of
self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.

The above exception is
subject to the following provisos :–

First—That the provocations not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.

Secondly—That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant.

Thirdly—That the provocations not given by anything done in the lawful exercise of the right of private defence.

Explanation—Whether the
provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.

Illustrations

(a)
A, under the influence of passion excited by a provocation given by Z, intentionally kills, Y, Z’s child. This is murder, in as much as the provocation was not given by the child, and the death
of the child was not caused by accident or misfortune in doing an act caused by the provocation.

(b)
Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide.

(c)
A is lawfully arrested by Z, a
bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This murder, inasmuch as the provocation was given by a thing done by a public servant in the exercise of his powers.

(d)
A appears as a witness before Z, a
Magistrate, Z says that he does not believe a word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder.

(e)
A attempts to pull Z’s nose, Z, in the exercise of the right of private defence, lays hold of a to prevent him form doing so. A is moved to sudden and violent passion in consequence, and
kills Z. This is murder, inasmuch as the provocation was given by a thing done in
the exercise of the right of private defence.

(f)
Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder.

Exception2—Culpable homicide is not murder if the offender, in the exercise in good faith of the
right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence.

Illustration

Z attempts to horsewhip A,
not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other
means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide.

Exception 3—Culpable
homicide is not murder if the offender, being a public servant or aiding a public servant acting or the advancement of public justice, exceeds the powers
given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.

Exception 4—Culpable
homicide is not murder if it is committed without premeditation in a sudden
fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner.

Explanation—It is immaterial
in such cases which party offers the provocation or commits the first assault.

Exception 5—Culpable
homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.

Illustration

A, by instigation, voluntarily causes, Z, a person under eighteen years of age to commit suicide.
Here, on account of Z’s youth, he was incapable of giving consent to his own death; A has therefore abetted murder.

301. Culpable homicide by causing death of person other than person whose death was intended:-

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 knows 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 he intended or knew himself to be likely to cause.

302. Punishment for murder: –

Whoever commits murder shall be punished with death, or 1[imprisonment
for life] and shall also be liable to fine.

1. Subs.by
Act 26 of 1955, sec. 117and sch. for “transportation for life”(w .e.
f.1.1.1956).

303. Punishment for murder by life convict:-whoever, being under sentence of 1 [imprisonment for life],commits murder, shall
be punished with death.

1.
Subs. by Act 26 of 1955, sec.117
and sch., for “transportation for life” (W.e.f.1-1-1956).

304. Punishment
for culpable homicide not amounting to murder: –

Whoever commits culpable
homicide not amounting to murder shall be punished with 1[imprisonment for life ],or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death,

1.
Subs. by Act 26 of 1955, sec.117
and sch., for “transportation for life” (W.e.f.1-1-1956).

Or with imprisonment of
either description for a term which may extend to ten years, or with fine, or
with both, if the act is done with the knowledge that it is likely to cause
death ,but without any intention to cause death, or to cause such bodily injury
as is likely to cause death.

1[304A. Causing death by negligence: –

Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.]

1.
Ins. by Act 27 of 1870, sec.12.

1[304B. Dowery death: –

(1) Where
the death of a woman is caused by any burns or bodily injury or occurs
otherwise than under normal circumstances within seven years of her marriage and
it is shown that soon before her death she was subjected to cruelty or
harassment by her husband or any relative of her husband for, or in connection
with, any demand for dowry, such death shall be called “dowry death” and such
husband or relative shall be deemed to have caused her death.

Explanation:-For the purpose
of this sub-section, “dowry” shall have the same meaning as in section 2 of the
Dowry Prohibition Act, 1961 ( 28 of 1961).

(2) Whoever commits dowry death shall be
punished with imprisonment for a term which shall not be less than seven years
but which may extend to imprisonment for life.]

1.
Ins. by Act 43 of 1986, sec.10
(w.e.f.19-11-1986).

305. Abetment
of suicide of child or insane person: –
If any person under eighteen years of age, any
insane person, any delirious person, any idiot, or any person in a state of
intoxication, commits suicide, whoever abets the commission of such suicide,
shall be punished with death or 1[
imprisonment for life], or imprisonment for a term not exceeding ten years, and shall also be liable to fine.

1.
Subs. by Act 26 of 1955, sec.117
and sch., for (transportation for life” (w.e.f. 1-1-1956).

306. Abetment
of suicide: –
If any person commits suicide, whoever abets the commission of such suicide, shall
be punished with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.

307. Attempt
to murder: –
Whoever does any act with such intention or knowledge, and under such
circumstances that, if he by that act caused death, he would be guilty or
murder, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine, and is hurt is
caused to any person by such act, the offender shall be liable either to 1[imprisonment for life], or to such
punishment as is hereinbefore mentioned.

Attempts by life
convicts:-
2 when any person offending under this section is under sentence of 1[imprisonment for life] he may, if hurt is
caused, be punished with death].

Illustrations.

(a) A shoots at Z with intention to kill him,
under such circumstances that, if death ensued. A would be guilty of murder. A
is liable to punishment under this section.

(b) A, with the intention of causing the death
of a child of tender years, exposes it is a desert place. A has committed the
offence defined by this section, though the death of the child does not ensure.

(c) A, intending to murder Z, buys a gun and
loads it. A has not yet committed the offence. A fires the gun at Z. He has
committed the offence defined in this section, and if by such firing he wounds
Z, he is liable to the punishment provided by the latter part of 3[the first paragraph of ] this section.

(d) A, intending to murder Z by poison, purchases
poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined
in this section. A places the food on Z’ s table or delivers it to Z’s servant
to place it on Z’s table. A has committed the offence defined in this section.

1. Subs. by Act 26 of 1955, sec.
117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

2. Ins.
by Act 27 of 1870, sec. 11.

3. Ins. By Act 12 of 1891, sec. 2 and Sch. II.

308. Attempt
to commit culpable homicide: –
Whoever does any Act with such intention or
knowledge and under such circumstances that, if he by that Act caused death, he
would be guilty of culpable homicide not amount to murder, shall be punished
with imprisonment of either description for a term which may extend to three
years, or with fine, or with both, and if hurt is caused to any person by such
Act, shall be punished with imprisonment of either description for a term which
may extend to seven years, or with fine, or with both.

Illustration

A, on grave and sudden
provocation, fires a pistol at Z, under such circumstances that if he thereby
caused death he would be guilty of culpable homicide not amounting to murder. A
has committed the offence defined in this section.

309. Attempt
to commit suicide:-
whoever attempts to commit suicide and does any act towards the
commission of such offence, shall be punished with simple imprisonment for term
which may extend to one year 1[
or with fine, or with both].

1. Subs. by Act 8 of 1882,
sec.7, for “and shall also be liable to fine”.

310. Thug:
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.

311. Punishment:
whoever
is thug, shall be punished with 1[imprisonment
for life] and shall also be liable to fine.

OFFENCES AFFECTING THE HUMAN BODY
Culpable Homicide and Murder

Homicide (Latinhoma- man,cide- I Cut) is the killing of a human being by a human
being. Causing the death of an animal is not murder. It might amount to the offence of
mischief or to cruelty to animals. Homicide may be lawful or unlawful. Lawful
homicide (cases falling under General Exceptions- Sec. 76-106)) is of two types —
excusable and justified homicide.

Lawful homicide.—Homicide may be either (1) lawful or (2) unlawful.
In the first case, law will set the culprit free; in the second case he will be held
criminally responsible for his criminal act. The distinction between lawful and unlawful
homicide depends on whether the offender’s act was intentional, careless or otherwise.
Lawful homicide may further be classified into:—
(i) Excusable homicide, and
(ii) Justifiable homicide.

Excusable homicide
Justified homicide
Unlawful Homicide
Accident (Sec- 80)
Mistake of fact U/S
76and 79
Culpable Homicide
(Sec- 299, 301 and 304)

Act of Minor, Insane,
Intoxicated Persons
( Sec- 82, 83, 84, and
85 )

Judicial Act U/S 77and
78 and also Includes
Necessity under Sec- 81

Murder U/S 300

Act in good Faith as in Sec- 87, 88 and 89 and sec- 92)

Act of Private defence
U/S 96 to 106

Culpable Homicide not
amounting to Murder
(Sec- 300 Exceptions 1
to 5 )

Unlawful homicide.—An unlawful homicide may be classified into different categories
according to the nature and gravity of the offence and its heinousness in order to attach
a suitable punishment for each typeviz.: —
(a) Culpable homicide (sections 299, 301, I.P.C.);

(b) Murder (section 300, I.P.C.);
(c) Culpable homicide not amounting to murder (section 300, Exceptions 1 to 5);
(d) Death by negligence (section 304A, I.P.C.)
(e) Dowry Death (section 304B, I.P.C.);
(f) Abetment of suicide and attempt to commit suicide (sections 305, 306 and 309,
(g) Attempt to murder and attempt to commit culpable homicide (sections 308, I.P.C.);
(h) Attempt to suicide (section 309, I.P.C.).The distinguishing features of these different categories of
unlawful homicides are: the degree of intention, knowledge, or recklessness with which
a particular homicide is committed. If the probability of death resulting from a bodily
injury is of a very high degree(i.e., where death is a certainty) this constitutes murder,
and if the probability is not of that order, it is culpable homicide and if murder is
committed under grave provocation and consent, it is culpable homicide not amounting
to murder’ For instance, ifA attacksB with a sharp-edged knife in his heart, resulting in

B’sdeath, A would be guilty of murder.2 On the other hand, if A causes injury to Bwith

a stick fracturing his skull, resulting inB’ s death,A would be liable for culpable
homicidenot amounting to murder.3 In the first case, from the nature of the injury and
the instrument used for the purpose, it is certain that the injury will cause the death of
the victim; this is not so in the second case.

Culpable homicide—Meaning.—The Penal Code has first defined culpable homicide
simpliciter (section 299, l.P.C.) termed as manslaughter under English law which is the
genus, and then murder (section 300, I.P.C.) which is a species of culpable homicide.
The residuary of culpable homicide after the special characteristics of murder have been
removed from it, is culpable homicide not amounting to murder (Section 300,
Exceptions I to 5).
Culpable homicide may broadly be classified into two classes:—
(i) Culpable homicide amounting to murder ( section 300), and
(ii) culpable homicide not amounting to murder2 (section 300, Exceptions 1 to 5).
As explained by Shuarfuddin, J., in Reaz-ud-din Shaikh v.E mperor,
All murder is culpable homicide, but all culpable homicide is not murder. Subject to the
five exceptions to section 300, Indian Penal Code every act that falls within one or more
of the four clauses of that section is murder, and also falls within the definition of
culpable homicide in section 299, Indian Penal Code. Every act which falls within any
one or more of the four clauses of section 300, Indian Penal Code in respect of which
there co-exist one or more of the sets of circumstances described in the five exceptions

of that section is, by that fact taken out of section 300, Indian Penal Code but the act not
withstanding continues to be within section 299, and since it is not murder, it is
culpable homicide not amounting to murder. Every act that falls within section 299 and
does not fall within section 300, since it is not murder, is culpable homicide not
amounting to murder.
For the purpose of fixing punishment proportionate to the gravity of this generic
offence, the Code has recognized three degrees of culpable homicide, These are:—
(i) Culpable homicide of the first degree, which is the gravest form of culpable
homicide and is termed ‘murder’. It is defined in section 300 and punishable under
section 302 with death or imprisonment for life to either of which fine may be added.
(ii) Culpable homicide of the second degree (culpable homicide not amounting to
murder) as defined in section 300. Exceptions 1 to 5 and section 299, clauses (i) and (ii)
is punishable under section 304 (First part) with imprisonment for life or imprisonment
of either description for a term which may extend to 10 years, to either of which fine
may be added.
(iii) Culpable homicide of the third degree, which is defined in section 299, clause (iii)
and is punishable under the latter part of section 304 with fine only or with
imprisonment up to a limit of ten years or with both.Culpable homicide—Meaning.—The Penal Code has first defined culpable homicide
simpliciter (section 299, l.P.C.) termed as manslaughter under English law which is the
genus, and then murder (section 300, I.P.C.) which is a species of culpable homicide.
The residuary of culpable homicide after the special characteristics of murder have been
removed from it, is culpable homicide not amounting to murder (Section 300,
Exceptions I to 5).
Culpable homicide may broadly be classified into two classes:—
(i) Culpable homicide amounting to murder ( section 300), and
(ii) culpable homicide not amounting to murder2 (section 300, Exceptions 1 to 5).

For the purpose of fixing punishment proportionate to the gravity of this generic
offence, the Code has recognized three degrees of culpable homicide, These are:—
(i) Culpable homicide of the first degree, which is the gravest form of culpable
homicide and is termed ‘murder’. It is defined in section 300 and punishable under
section 302 with death or imprisonment for life to either of which fine may be added.
(ii) Culpable homicide of the second degree (culpable homicide not amounting to
murder) as defined in section 300. Exceptions 1 to 5 and section 299, clauses (i) and (ii)

 

is punishable under section 304 (First part) with imprisonment for life or imprisonment
of either description for a term which may extend to 10 years, to either of which fine
may be added.
(iii) Culpable homicide of the third degree, which is defined in section 299, clause (iii)
and is punishable under the latter part of section 304 with fine only or with
imprisonment up to a limit of ten years or with both.

Essential ingredients of C.H :- (a) Causing of death,
(b) by doing an act,
(c) the act of causing death must be done:—
(i) with the intention of causing death,
(ii) with the intention of causing such bodily injury as is likely to cause death, or
(iii) with the knowledge that such act is likely to cause death.
Thus though an act may cause death, it will not amount to culpable homicide unless the
above conditions are satisfied.’
A. Causing death.—In order to hold a person liable under the impugned section there
must be causing of death of a human being as defined under Section 46. ( The word

“death” denotes the death of a human being unless the contrary appears from the
context). The causing of death of a child in the mother’s womb is not homicide as stated
in Explanation 3

The causing of the death of child in the mother’s womb is not homicide. But it may
amount to culpable homicide to cause the death of a living child, if any part of that
child has been brought forth, though the child may not have breathed or been
completely born.

appended to section 299, I.P.C. But the person would not be set free. He would be
punishable for causing miscarriage either under section 312 or 315, I.P.C depending on
the gravity of the injury. The act of causing death amounts to culpable homicide if any
part of that child has been brought forth, though the child may not have breathed or
been completely born. The clause ‘though the child may not have breathed’ suggests
that a child may be born alive, though it may not breath (respire), or it may respire so
imperfectly that it may be difficult to obtain clear proof that respiration has taken place.
Causing of death must be of a living human being which means a living man, woman,
child and at least partially an infant under delivery or just delivered.

Death caused of person other than intended.—To attract the provisions of this section it suffices if the death of a human being is caused whether the person was intended to be killed or not. For instance, A counsels B to poison his mother. B accordingly obtains

poison from A and gives it to his mother in a roasted apple. The mother gives the apple
to a child of B, not knowing it contains poison, and the child eats it and dies. The act of
A amounts to murder by B, though he never intended to kill the child (section 301,
1.P.C.). Similarly, illustration (a) to section 299 says that a person can be guilty of

culpable homicide by causing the death of a person whose death he did not intend.

B. By doing an Act.—Death may be caused by a hundred and one means, such as by
poisoning, drowning, striking, beating and so on and so forth. As explained under
section 32, I.P.C. the word ‘act’ has been given a wider meaning in the Code inasmuch
as it includes not only an act of commission, but illegal omissions as well. Hence, death
may also be caused by neglect of duty, such as a parent not supplying food and medical
care to his child, a husband starving his wife,’ that results in the voluntary causing of
the child’s and wife’s death. For instances, where a Life Guard on Swimming poll, not
following his duty and that’s caused death of person.

Death caused by effect of words.—There may be instances whereby death can be
caused by the effect of words in the particular circumstances of a case or as resulted
into nervous shock which cause death. In such a situation the accused will be liable to
the same extent as in the case of a physical assault causing death. For example, in the
reasonable course, is to consider speaking as an act, and in that a loud sound by
suddenly awake the old age person or can cause a heart attack intentionally will
amounting to Offence of culpable homicide
Death caused inadvertently without intention while doing an Unlawful Act— The Penal
Code has made it clear in illustration (c) attached to section 299, I.P.C. that a person
will not be liable for culpable homicide, if he causes the death of a person while doing
an unlawful act, provided he did not intend to kill or cause death by doing an act that he
knew was likely to have that effect. For instance, if A while shooting at a fowl with the

intent to kill and steal it, kills B, who is behind a bush, A is not liable for B’s death.
When an act is in itself innocent, to punish the person who does it because of bad
consequence, which no human wisdom could have foreseen, it would be in the highest
degree barbarous and absurd. Thus, when a person engaged in the commission of an

offence causes the death of another person by pure accident, he shall suffer only the
punishment of his offence, no addition on account of such accidental death. A, a

pickpocket attempts to take out purse of B, while B, was boarding a train. B has a
loaded pistol in his pocket. As soon as the thief puts his hand into B’s pocket, the pistol
goes off and B is shot dead. The thief will be liable for attempt to pick pocketing
(stealing purse) and not for murder or culpable homicide. The death of B is purely on
account of an accident or misfortune for which thief is not accountable

Intention—. The intension means expectation of consequence in question. Intention is

a question of fact which is to be gathered from the acts of the parties (viz. nature of the weapon used, the part of the body on which the blow was given, the force and number of blows, etc.). The legal maxim is that everyone must be presumed to intend the

normal consequences of his act. Intention does not imply assume the, existence f some

previous design, it means an actual intention, the existing intention of the moment. Thus
a deliberate firing by a loaded gun at once leads to inference that the intention was to
cause death. The existence of intention is not to be inferred unless death follows as a
natural and probable consequence from the act

An intention also includes foresight of certainty. A
consequence is deemed to be intended though it is not desired when it is foreseen as
substantially certain. Intention of causing death is not the intention of causing the ‘death
of any particular person. Illustration (a) to this section shows that a person can be guilty
of culpable homicide of a person whose death he did not intend .

With the intention of causing such bodily injury as is likely to cause death-It means

an intention to cause a particular injury, which injury is, or turns out to be, one likely to
cause death. Thus, where bodily injury sufficient to cause death is actually caused, it is
immaterial to go into the question of whether the accused had intention to cause death.
The connection between the ‘act’ and the death caused by the act must he direct and
distinct; and though not immediate it must not be too remote. If the connection between
the act and death is obscure or if it is obscured by concurrent causes, ‘or if it is broken
by the intervention of the subsequent causes, or if the time gap between the act and the
death is too long, the above condition is not fulfilled.The difference between the two

expressions ‘intention of causing death’ and ‘intention of causing such bodily injury as
is likely to cause death’ is a difference of degrees in criminality. The latter is a loweThe expression ‘intention to cause such bodily

injury as is likely to cause death’ merely means an intention to cause a particular injury,
which injury is, or turns out to be. one likely to cause death. It is not the death itself
which is intended, nor the effect of injury. It is not necessary that the consequences., of
the injury are foreseen.

With the knowledge that he is likely by such act to cause death-Knowledge in

comparison to intention is strong word-and imports a certainty and not means a
probability. Knowledge is an awareness of the consequences of the act. A person who
voluntarily inflicts injury such as to endanger life must always, except in the most
extraordinary circumstances, be taken toknow that he is likely to cause death (e.g. when
the accused fired his gun in the air to scare away the opposite party and in the act one
stray pellet caused gunshot wound to a person killing him). The word ‘knowledge’
includes all cases ofrash acts by which death is caused, for rashness’ imports a
knowledge of the likely result of an act which the actor does in spite of the risk. in some
cases, grossnegligence may amount to knowledge. For example, where The accused
kills a person by hitting him under the belief that he was hitting at a ghost.

Section 300. Murder
Except in the cases hereinafter excepted, culpable homicide is murder, if the act by
which the death is caused is done with the intention of causing death, or-
2ndly:- 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-

3rdly:- 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-

4thly:- 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.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s