Culpable Homicide and Murder : A Comprehensive Overview

ntroduction

Throughout the unrecorded annals of human history, acts of killing have been perpetrated. In contemporary society, the act of taking another person's life is deemed one of the most severe offenses, second only to sedition and treason. This transgression is legally labeled as homicide, specifically referring to the intentional killing of another human being. Within this realm, legal distinctions are drawn between culpable homicide and murder, with nuanced differences critical for the justice system when adjudicating these grave offenses. Homicides can also be deemed justifiable under certain circumstances. As with any crime, murder not only harms the individual but also disrupts societal peace, potentially inciting panic and hysteria, particularly in cases involving serial killers.

To delineate the disparities between culpable homicide and murder, it can be summarized that all murders fall under the umbrella of culpable homicide, but not all culpable homicides escalate to the level of murder. Murder carries graver consequences and typically results in lengthier sentences across jurisdictions. In the context of the Indian Penal Code, culpable homicide is defined in Section 299 as the act of causing death through an intentional act, an act intending bodily harm likely to cause death, or an act performed with the knowledge that it is likely to cause death. Meanwhile, Section 300 defines murder as culpable homicide meeting specific conditions such as intentional acts causing death or bodily harm known to be fatal, or actions that are imminently dangerous with the knowledge of the potential lethality.

The subtle distinctions between culpable homicide and murder become apparent in the element of Mens Rea, where culpable homicide involves a malicious intention to kill, but the perpetrator cannot be certain of the outcome. Proving this in court can be intricate and subjective. Conversely, murder entails a malicious intention with a certainty of death, often involving premeditated actions to ensure the victim's demise.

Murders typically exhibit a higher degree of premeditation compared to culpable homicides. Some culpable homicides may lack complete intentionality, such as cases of negligence, where the accused may argue for a reduction in charges by emphasizing the lack of intent to kill. Jurisdictions like the United States further classify murders into first-degree and second-degree based on the level of brutality or premeditation.

The United States employs a classification system that designates aggravated or brutal murders as first-degree, punishable by life imprisonment or death, while less severe cases are classified as second-degree, carrying a sentence of up to life imprisonment. Culpable homicide is often referred to as manslaughter, and involuntary manslaughter occurs when death results from actions not intended to cause harm (e.g., accidentally firing a loaded gun).

In the realm of justified homicides, various countries, including the United States and India, recognize self-defense laws. The United States employs the "castle doctrine," allowing the use of force, including deadly force, to defend against intruders in one's legally occupied space. In contrast, India permits the use of force proportionate to the threat and only in situations where there is a genuine fear of grievous injury or death.

Culpable Homicide under the Indian Penal Code

The term "homicide" finds its roots in the Latin words 'Homo,' meaning human, and 'caedere,' meaning killing. The act of homicide has been ingrained in human existence since its inception. Early humans engaged in killing for survival, whether for food or establishing dominance. Kings, in historical contexts, resorted to homicide as a means to acquire territories. In contemporary society, individuals resort to taking another's life out of emotions like jealousy, greed, and other motives.

Homicide stands as one of the most heinous acts a person can commit, given that it involves causing the most severe form of bodily injury to another human being. Consequently, regulations surrounding homicide are stringent, often resulting in severe punishments, such as life imprisonment or the death penalty, as determined by the judiciary.

Within the legal framework of India, homicide is categorized into two forms: Culpable Homicide (as outlined in Section 299 of the Indian Penal Code) and Culpable Homicide amounting to murder (covered under Section 300 of the Indian Penal Code). Despite their subtle distinctions, these differences hold significant importance in the legal system, influencing the delivery of fair judgments.

This article delves into the third type of Unlawful Homicide, namely 'Culpable Homicide.' It aims to explore the nature of culpable homicide, its essential elements, the differentiating factors between culpable homicide and murder, the associated punishments, and highlights certain landmark cases to substantiate the discussed contentions.

Lawful and Unlawful Homicide

Not every perpetrator involved in a Homicide case is necessarily culpable. This leads to the concept of lawful homicide, where the accused can establish a valid reason for committing the act. In such instances, the individual may not face legal prosecution and might even be exempted from charges.

Examples of lawful homicide encompass situations where death results from self-defense, accidental occurrences, or bona fide execution of the law. Therefore, Homicide can be categorized as both lawful and unlawful. Lawful Homicide branches into justifiable and excusable homicide. On the contrary, Unlawful Homicide encompasses instances such as death caused by a rash and negligent act (Sec 304-A), suicide (Sec 309), or culpable homicide.

Culpable Homicide

Culpable homicide, as previously mentioned, falls under the category of unlawful homicide, and the corresponding laws are codified in the Indian Penal Code of 1862 (IPC). The IPC delineates two types of culpable homicides:

1. Culpable Homicide not amounting to Murder (Section 299 IPC):

This form of culpable homicide, succinctly termed culpable homicide, is governed by Section 299 of The Indian Penal Code 1862. According to this section:

An act committed with the intention of causing death, or causing bodily injury that is likely to result in death, or having the knowledge that the act is likely to cause death, constitutes the offense of culpable homicide.

Conditions

Upon dissecting the definition, three conditions must be satisfied to invoke Section 299 of the Indian Penal Code. These conditions are as follows:

• a. The intention of causing death.
• b. The intention of causing such bodily injury as is likely to cause death.
• c. With the knowledge that, by such an act, death is likely to be caused.

Illustration:

• A, unaware that D has a tumor in his brain, strikes him forcefully on the head with a cricket bat, either with the intention of causing death or with the knowledge that such an act is likely to cause death.
• D succumbs due to the bursting of the tumor.
• In this scenario, A is held liable for culpable homicide not amounting to murder.

Case Law:

In the case of Nara Singh Challan v. State of Orissa (1997), it was established that Section 299 of the Indian Penal Code serves as the general provision, while Section 300 of the Indian Penal Code constitutes the specific provision. Consequently, there are no independent sections exclusively addressing culpable homicide not amounting to murder; instead, it is a component of Section 300 of the IPC, which defines murder.

In this context, the court observed that:

"To determine an appropriate punishment proportionate to the specific offense, the Indian Penal Code (IPC) has categorized culpable homicide into three degrees. The most severe form is Murder, as defined under Section 300 of IPC. The second degree is culpable homicide, punishable under Section 304 Part 1 of IPC. Finally, the lowest degree of culpable homicide is addressed and penalized under Section 304 Part 2 of IPC."

2. Culpable Homicide amounting to Murder

It referred to simply as Murder, this falls under the jurisdiction of Section 300 of the Indian Penal Code of 1862, which stipulates that:

Culpable homicide is deemed murder if the act is executed with the intention of causing death, or if it is performed with the intention of causing bodily injury likely to result in the death of the person. Additionally, it qualifies as murder if the inflicted bodily injury is inherently sufficient, in the ordinary course of nature, to cause death. Knowledge plays a crucial role, as the act is also categorized as murder if there is an awareness that the action is so fatally dangerous that it will likely cause death or bodily injury likely to cause death. The commission of such an act without any valid excuse further substantiates the charge.

Conditions:

Upon dissecting the definition, four conditions must be fulfilled to invoke Section 300 of the Indian Penal Code:

a. The intention of causing death.

b. The intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom harm is caused.

c. 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.**

d. 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 an act without any excuse for incurring the risk of causing death or such injury as aforesaid.

Illustration: X is aware that Z has a tumor in his brain and repeatedly strikes him with a bat on his head with the intention of causing death.

• Subsequently, Z dies.
• In this scenario, X is liable for Murder.

Exceptions to Section 300 of the Indian Penal Code 1860

While culpable homicide typically amounts to murder when committed with the intention of causing death, there are specific scenarios exempted from this principle. Exceptions 1-5 in the (d) and (f) illustrations of Section 300 of the IPC outline conditions when culpable homicide does not amount to murder. These exceptions include:

1. Grave and Sudden Provocation: It is not culpable homicide amounting to murder if a person, deprived of the power of self-control, causes the death of someone due to grave and sudden provocation.

2. Private Defense: Culpable homicide does not amount to murder when the offender causes someone's death while exercising the right of private defense of person and property in good faith.

3. Acts by Public Servant: If a public servant causes someone's death while performing duties in good faith, believing that the acts were lawful, it is not culpable homicide amounting to murder.

4. Heat of Passion Upon Sudden Quarrel: Culpable homicide is not elevated to murder when a person causes the death of someone in a sudden fight in the heat of passion upon a sudden quarrel.

5. Consent of the Deceased: If a person causes someone's death with the explicit consent of the deceased, and the person is above 18 years of age, it is not culpable homicide amounting to murder.

These exceptions acknowledge specific circumstances where the gravity of culpable homicide is mitigated based on factors such as provocation, self-defense, lawful duties, sudden quarrels, and the consent of the deceased.

Essential Ingredients

Culpable Homicide not amounting to Murder:

According to the definition provided under Section 299 of the Indian Penal Code, there are primarily three essential ingredients to prove that a person is liable for culpable homicide not amounting to murder. These are:

1. The intention of causing death.
2. The intention of causing such bodily injury as is likely to cause death.
3. With the knowledge that he is likely, by such an act, to cause death.

Culpable Homicide amounting to Murder:

According to the definition provided under Section 300 of the Indian Penal Code, there are primarily four essential ingredients to prove that a person is liable for culpable homicide amounting to murder. These are:

1. The intention of causing death.
2. 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.
3. 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.
4. 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 an act without any excuse for incurring the risk of causing death or such injury as aforesaid.

Culpable Homicide by Causing the Death of a Person other than the Person Whose Death Was Intended

The concept of 'culpable homicide by causing the death of a person other than the person whose death was intended' is outlined in Section 301 of the Indian Penal Code. This section stipulates that a person commits culpable homicide when causing the death of another person while attempting to kill someone else. In this scenario, the intention of the individual who caused the death or inflicted grievous harm to an unintended person is not taken into consideration.

Illustration:

• Mr. A is angered by Mr. B for taking over his business.
• Planning to kill Mr. B, Mr. A purchases a gun.
• Spotting Mr. B on the street, Mr. A takes out his gun and shoots.
• However, the bullet deflects due to a pole and inadvertently kills Mr. C.
• According to the law, Mr. A has committed culpable homicide.

This principle is also known as the principle of transferred intent or transferred knowledge, or the doctrine of the transfer of malice.

Through the Perspective of Sec 299 and Sec 300 IPC:

The law does not differentiate between cases where the death was intentional or unintentional. According to Section 299 and Section 300 of the Indian Penal Code, there is no specification that the intention to cause injury or death, or the knowledge of the consequences, is specific to a particular person only. Hence, if a person intentionally shoots someone but the bullet accidentally changes direction, causing the death of another person, the individual who fired the shot is equally liable for the death of the unintended person as they would have been for the person they initially intended to shoot.

Case Laws

The legal provision on culpable homicide causing the death of a person other than the person whose death was intended, as per Section 301 of the Indian Penal Code, has its roots in historical jurisprudence. Notably, in the case of R. v Latimer (1886) during the British era, a person engaged in a fight attempted to strike another man with his belt. However, the belt rebounded, accidentally hitting a lady and causing grievous injury. The court held that:

"The defendant is to be held liable for the injuries inflicted on the woman, ignoring the fact that he had no intention to harm her. The mens rea has transferred to the woman from the man he was going to hit with his belt."

However, the application of this legislation has not been uniform, leading to confusion. In the case of Rajbir Singh v. State of U.P.`, the Supreme Court criticized the Allahabad High Court for neglecting Section 301 of the Indian Penal Code. In this case, a girl died from a bullet fired at another person. The High Court deemed it a mistake and asserted that there was no intention on the part of the accused to kill the girl. The Supreme Court disagreed, emphasizing that the intention of the accused should be disregarded in this case. The court further held that the reasoning of the Allahabad High Court, characterizing the act as an accident, was flawed, and ultimately, the accused was held liable for his actions.

Punishment

As per the Indian Penal Code 1862, culpable homicide is categorized into two types: culpable homicide not amounting to murder (Section 299 IPC) and culpable homicide amounting to murder (Section 300 IPC). Consequently, distinct provisions govern the punishment for these offenses.

Section 304 of IPC: Punishment for Culpable Homicide not amounting to Murder (Section 299 IPC):

- Whoever causes death with the intention, or causes such bodily injury likely to cause death, or with the knowledge that death is likely to be caused, shall be liable for life imprisonment or imprisonment of up to ten years, and a fine (Section 304(1) IPC).

• If death is caused without the intention, or without causing such bodily injury likely to cause death, or without the knowledge that the act could cause death, the person shall be sentenced to imprisonment of up to ten years and a fine (Section 304(2) IPC).
• If death is caused without the intention but with the knowledge that death is likely to be caused, the person shall be sentenced to imprisonment of up to ten years and a fine.

Case Law:

In the case of Shanmugam v. State of T.N., it was held that offenses under Section 304 can be considered cognizable, non-bailable, and triable by the Court of Sessions. The accused, in this case, stabbed the deceased during a quarrel, resulting in the victim's death. The accused was sentenced to life imprisonment under part I of Section 304 of IPC.

Section 302 of IPC:- Punishment for Murder or Culpable Homicide amounting to Murder (Section 300 IPC):

- Whoever commits murder shall be liable for life imprisonment or the death penalty and shall also be liable for a fine.

Death penalty under Section 302:

- The death penalty is reserved for the rarest of rare cases. This principle was affirmed in Bachan Singh v. State of Punjab, emphasizing that when life imprisonment is an option, resorting to the death penalty should be sparingly done. The conditions for considering the death penalty were laid down in Machhi Singh And Others v. State Of Punjab.

Illustrations:- Section 299 IPC (Culpable Homicide not amounting to Murder):

- A digs a pit with the intention of causing death or with the knowledge that death is likely. B, thinking it's hard ground, stands on it and dies. A is liable for Culpable Homicide not amounting to Murder.

• A pays a truck driver to slam his truck into C's car, intending to cause death or with the knowledge that death is likely. C dies in the crash. A is liable for Culpable Homicide not amounting to Murder.
• A, not knowing that D has a brain tumor, hits him hard on the head with a cricket bat, with the intention or knowledge that death is likely. D dies due to the bursting tumor. A is liable for Culpable Homicide not amounting to Murder.

Section 300 IPC (Culpable Homicide amounting to Murder):

- X shoots Z with a shotgun with the intention to cause death, and Z dies. X is liable for Murder.

• X knows that Z has a brain tumor and hits him repeatedly with a bat on his head with the intention to cause death. Z dies. X is liable for Murder.
• X starts firing a machine gun in a crowded mall with the intention of causing death, killing 10 people. X is liable for Murder.

Exceptions of Section 300 IPC:

1. X, in grave and sudden provocation, stabs A to death. X is not liable under Section 300 IPC.
2. X, in private defense, kills thugs attacking him with guns. X is not liable under Section 300 IPC.
3. X, a Police Officer, kills robbers in good faith while performing his duty. X is not liable under Section 300 IPC.
4. X punches Y in a fit of rage, causing internal bleeding and death. X is not liable under Section 300 IPC.
5. A, instigating B (under 18), leads to B's death. A is liable for Abetted Murder**.**

Section 302 IPC:

• A, with the intention of killing B, shoots at him but the bullet deflects, killing C. A is liable for culpable homicide under Section 301 of IPC.
• A, under the influence of alcohol, drives at 150 kmph, losing control and ramping the car on a footpath, killing numerous people. A is liable for culpable homicide under Section 301 of IPC.

Major Differences between Culpable Homicide and Murder:

1. Ambiguity in Likelihood:

- Culpable Homicide (Section 299 IPC):The act is done with the intention of causing death or causing such bodily injury likely to cause death, or with the knowledge that it is likely by such act to cause death. The term "likely" introduces an element of ambiguity, indicating that the act may or may not result in death.

• Murder (Section 300 IPC):The absence of the term "likely" implies a higher degree of certainty. In murder, the act is done with the definite intention of causing death, without room for ambiguity. The accused is certain that the act will result in death.

2. Severity of Offense:

• Culpable Homicide: It serves as the broader category encompassing acts where death may or may not be the direct outcome. The gravity of the offense is comparatively lower.
• Murder: It represents a more aggravated and serious form of culpable homicide. The absence of ambiguity and the definite intention to cause death make it a more severe offense.

3. Degree of Intention and Knowledge:

- Culpable Homicide: Involves a definite mens rea (malicious intention) to kill the victim, but the person committing the homicide cannot be certain of death; there is a hope or likelihood that death will occur.

• Murder: Involves a definite mens rea to kill the victim, and the person committing the homicide is certain that his act will result in death. The intention is more pronounced and assured in murder.

4. Section Definitions:

- Culpable Homicide (Section 299 IPC): Encompasses acts done with the intention of causing death, causing bodily injury likely to cause death, or with the knowledge that the act is likely to cause death.

• Murder (Section 300 IPC): Specifies conditions under which culpable homicide becomes murder, including acts done with the intention of causing death, causing bodily injury likely to cause death, or inflicting bodily injury sufficient to cause death.

5. Sir James Stephen's Perspective:

- Difficulty in Distinguishing: Sir James Stephen notes the difficulty in distinguishing between culpable homicide and murder due to the common end result of death. The subtle distinction lies in the degree of intention and knowledge involved in the two crimes.

In summary, while culpable homicide is a broader term encompassing various acts with differing degrees of certainty regarding causing death, murder represents a more specific and severe category where the intention to cause death is definite and unambiguous. The presence or absence of the term "likely" plays a crucial role in differentiating the two offenses.

Case Law: In the case of Reg. v. Govinda, a notable distinction between culpable homicide and murder was established. The facts of the case involved a quarrel between a husband and wife, where the husband, in a fit of anger, knocked the wife unconscious. Subsequently, in an attempt to wake her, the husband punched her with closed palms. Unfortunately, the wife died due to internal bleeding in her brain.

In rendering the judgment, Melvil, J, made a clear determination that the man was liable under Section 299 of the Indian Penal Code (IPC). The reasoning behind this decision was twofold:

1. Absence of Intention to Cause Death:

- The judge concluded that there was no intention on the part of the husband to cause the death of his wife. The act, despite resulting in a tragic outcome, lacked the specific intent required for a murder charge**.**

2. Act Not Grave Enough to Cause Immediate Death:

- The judge also considered the nature of the act, stating that it was not of a grave nature that would immediately cause death. This aligns with the criteria outlined in Section 299 of the IPC, which includes acts with the intention of causing death or causing bodily injury likely to cause death.

As a result, the judgment in the Reg. v. Govinda case established that the accused was liable for culpable homicide under Section 299 of the IPC. This case underscores the significance of considering both the intent and the gravity of the act in distinguishing between culpable homicide and murder.

Landmark Judgments Regarding Culpable Homicide:

Here are some intriguing judgments related to culpable homicide:

1. Bhagwan Singh v. State of Uttarakhand:

- This case, dating back to 2007, involved celebratory gunfire that resulted in injuries to five people, with two fatalities. The Supreme Court, including C.J.I S.A. Bobde, BR Gavai, and Surya Kant, emphasized the increasing incidents of celebratory firing as a status symbol. The accused, who used a licensed gun during the celebration, pleaded not guilty, claiming no intention to cause harm. The court, considering evidence that the accused did not take proper care and knew the pellets could deflect, held him guilty of culpable homicide under Section 299 of IPC, punishable under Section 304 Part 2 of the IPC.

2. Ram Kumar v. State of Chhattisgarh:

- In this case, the appellant, deeply infatuated with his sister-in-law, attacked her with an axe the day before her marriage. The victim filed an FIR, but she died before appearing in court. The court relied on the legal nature of the FIR as a dying declaration. While the District Court initially convicted the appellant under Section 302 (murder), the High Court, considering the post-mortem report indicating potential salvation if the victim reached the hospital earlier, altered the conviction to Section 304 Part I IPC (culpable homicide not amounting to murder).

These judgments showcase the complex legal considerations in cases involving culpable homicide and provide insights into the evolving legal landscape surrounding such offenses.

Conclusion: This Article discussed culpable homicide. It means causing the death of someone by an act so fatal which can likely cause death. According to the Indian Penal Code, there are two types of culpable homicide. Culpable homicide not amounting to murder. (Sec 299 IPC), Culpable homicide amounting to murder. (Sec 300 IPC). We discussed that punishment regarding culpable homicide is mentioned under Section 302 and Section 304 of the Indian Penal Code. Punishment for culpable homicide amounting to murder (Sec 300) is given under Section 302 which is either death penalty or life imprisonment as well as fine. Punishment for culpable homicide not amounting to murder (Sec 299) is given under Section 304 which is either imprisonment for 10 years or fine or both. It can extend to life imprisonment if there was intention present. There is one interesting section as well in the act which talks about a person killing another person by mistake while he was trying to kill another person, it is Section 301 of IPC. We learned about some very interesting cases regarding Culpable homicide, through the case of Bhagwan Singh we got to know about regulations regarding celebratory firing, we got to know the international status of validity of euthanasia through the South African Case of Minister Justice.

Murder under Indian Penal Code: Section 299 and Section 300 of Indian Penal Code deal with murder. All murders are culpable homicides but all culpable homicides are not murders. Culpable Homicide is genus and murder is its species, thus, murder is a culpable homicide but all culpable homicide are not murder. The word homicide is derived from Latin where homo means man while the meaning of cide is I cut. Thus, the killing of a man by a man is the meaning of homicide. Culpable homicide is punishable by law. Homicide can be lawful or unlawful. Culpable homicide is further divided into two categories:

1. Culpable homicide amounting to murder.
2. Culpable homicide not amounting to murder.