CULPABLE HOMICIDE (SEC.

299) AND
MURDER (SEC. 300)
WHAT’S A HOMICIDE?
HOMICIDE
The word homicide is supposedly derived from Latin where "homo"
means man and "cida" means killing. Thus, homicide means the
killing of a man by a man. Homicide can be lawful or unlawful.
Culpable homicide is punishable by law and is further divided into
two categories:

Culpable homicide amounting to murder

Culpable homicide not amounting to murder
 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.
 Murder

The term "Murder" traces its origin form the Germanic

word "morth" which means secret killing. Murder means
when one person is killed by another person or a group of
persons who have a pre-determined intention to end life
of the former. An offence will not amount to 'Murder'
unless it includes an offence which falls under the
definition of culpable homicide as per the definition of
'Murder' under IPC. All murders are culpable homicide but
all homicides are not murders. Section 299 and Section
300 of Indian Penal Code deal with murder
 ingredients of murder

Causing death: There should be an intention of

causing death
Doing an act: There should be an intention to cause
such bodily injury that is likely to cause death or
The act must be done with the knowledge that the
act is likely to cause the death of another
 distinction between both

Cause of confusion: The thin line is the intention behind the act.
All murders are culpable homicide but the vice-versa is not true
This confusion often emerges when it is difficult to interpret from
the evidence whether the intention was to cause merely bodily
injury which would not make out an offence of murder or there
was a clear intention to kill the victim making out a clear case of
an offence of murder. The most confusing aspect is 'intention' as
in both the provisions the intention is to cause death
 the diffrence lies on a fact of degree of intention
If the person is killed in cold-blood or with planning then it is
murder because the intention to kill is in high degree and not
out of sudden rage or provocation. On other hand, if the
victim is killed without pre-planning, in sudden fight or in
sudden anger because of somebody's provocation or
instigation, then such a death is called culpable homicide.
Hence, whether the act done is culpable homicide or murder
is a question of fact.
EXCEPTIONS WHEN CULPABLE
HOMICIDE IS NOT MURDER
Exception 1. Grave and sudden provocation:
By the sudden and grave provocation if a person loses his self-control and
because of this, he causes the death of another person who gave the
provocation or causes the death of another person by mistake or accident.
Essentials conditions are:
1. Most important that the intention of the accused should not be Malafide.
2. Provocation must be sudden and grave
3. The accused should be provoked by the deceased
4. Accused lose his self-control or controlling power.
5. And the accused committed the murder before he cools down.

 K.M. Nanavati Hospital v. State of Maharashtra

1. Gestures and words are like, that they give sudden and grave
provocation.
2. For the purpose of determining, the grave, and sudden provocation a
test is established under which is called a reasonable man’s test that
whether any reasonable man having the same capacity and belonging
to the same class of society in which the accused was placed would be
so provoked to lose his self-control.
3. The mental background of the previous act of the victim is to be taken
into consideration whether the act was sufficient to cause sudden and
grave provocation.
4. The fatal blow on the person giving a sudden and grave provocation
should be immediately done before him to calm down.

Exception 2: Private defense

It’s not murder if the offender done in good faith of the
right of private defense of person or property in which
he exceeds the power and thus causing the death of the
person and against whom is exercising his right without
any knowledge or intentions. But if the exceed his right
of private defense and that will be intentionally then he
will be amounting to murder. If the defense is
unintentional.

Exception 3: Exercise in Legal Power

Culpable homicide, not murder if the public servant or
aiding a public servant does his work for the
advancement of public justice and exceeds his power
given by law and in a bonafide manner but without the
ill-will towards the person whose death is caused.

Example: the police want to arrest the person and if

that person stabbed or abscond him and because of
this police shoot that person. Then in this case police
were not liable for the murder.

Exception 4: consent
It’s not murder when the person gives consent to his/her own death.
Important points to be remember
1. Being above the age of eighteen years
2. Consent is given by the deceased
3. It should be free and voluntarily
Illustration: A instigate B for the suicide who is under age and he is incapable of
given his consent and because of this A is liable for Murder.
Exception 5: Sudden Fight.
Sudden fight means when the fight was unexpected or premeditated. There
was no intention of either of the parties to kill or cause the death of any
person.
It is not an important fact that which party has first assaulted or who have
offered a provocation.
Essential Requirements
The case falls under this section only when the death is caused by:-
In the sudden fight.
In the heat of passion without any pre-planned arising from a sudden
quarrel.
The offenders taking no unfair advantage.
The offenders not acting in an unusual or cruel manner.
The fight must be between the accused and the person who is killed.