Of Offences Affecting The Human Body
Of offences affecting life
Section 300 of The Indian Penal Code (IPC) define meaning of Murder
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.
Exception 1 –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 provocation is not sought or voluntarily provoked by the offender as an excuses for killing or doing harm to any person.
Secondaly – 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 provocation is not given by anything done in obedience to the law, or by a public servant 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.
Exception 2 – 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.
Exception – 3 – Culpable Homicide is not murder if the offender, being a public servant or aiding a public servant acting for 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 offender’s 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.
Summary
The word “murder” has been derived from the Germanic word mortna, which means secret killing. Section 300 of the IPC makes us understand about both murder and culpable homicide not amounting to murder. Every murder is culpable homicide but every culpable homicide is not amount to murder. Where the probability of death resulting from a bodily injury is of very high degree where death is certainty, this constitute the murder, and if the probability of death is not of such high degree, it is culpable homicide not amounting to murder. The culpable homicide is murder, if the act by which death is caused falls within any one of the four clauses mentioned in the above section, unless, the case comes under one of the five exceptions stated therein, when the offence will amount amount to culpable homicide not amounting to murder. Punishment of murder is defined under Section 302 of The IPC whereas Punishment for culpable homicide is defined under Section 304 of The IPC.
Related Articles:-
Chapter XVI (Section – 299) of Indian Penal Code (IPC),1860
Chapter XVI (Section – 304) of The Indian Penal Code (IPC), 1860