C U L PA B L E H O M I C I D E

& MURDER
MEANING
• Culpable- derived from latin word ‘culpabllis’ which means worthy of blame

• Homicide- latin word ‘homo’ which means a man and ‘caedere’ which means
to cut or kill.

• Rampal singh v. state of U.P (2012) in this case the SC state the
relationship b/w culpable homicide and murder and opined that CH is the
GENUS & murder is its SPECIES.

• All ‘murders’ are ch but all ‘ch’ are not murders.

 CULPABLE HOMICIDE

• Section 299-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.
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.
 REG V. GOVINDA (1877)
• a young man of 18, kicked his wife (a girl of 15) and struck her several times with his
fist on the back. These blows seemed her caused no serious injury. She however, fell
on the ground, and then the accused put one knee on her chest and struck her 2 or 3
times on the face. 1 0r 2 of these blows were violent and took effect on the girl’s left
eye, producing contusion & discoloration. The skull was not fractured, but the blow
caused extravasation of blood in the brain, the girl died in consequence either on the
spot or very shortly afterwards.

• Melvill, J converted the liability of the accused from murder to CH not amounting
to murder. The court said that it does not seem he intended to cause death or the
bodily injury caused was sufficient in the ordinary course of nature to cause death.
Awarded 7 yrs imprisonment.
MURDER
Section 300-Except in the cases hereinafter excepted, culpable homicide is
murder, if the act by which the death is caused is done
Firstly - with the intention of causing death, or—
Secondly —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—
Thirdly —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—
Fourthly —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.
 5 EXCEPTIONS OF SECTION 300
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 excuse
for killing or doing harm to any person.
• (Secondly) —That the provocation is not given by powers of such public servant. anything done
in obedience to the law, or by a public servant in the lawful exer­cise of 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.
• (Thirdly) —That the provocation is 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.
• K.M Nanavati v. state of Maharastra, 1961
• 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 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.
C U L PAB L E H O M IC I D E ( S . 29 9 ) M UR D ER ( S . 3 0 0 )

a. With the Intention of 1. With the Intention of causing death;

causing death;
2. With the intention of causing such bodily
injury as the offender knows to be likely to
b. With the intention of cause the death of the person to whom the harm
is caused;
causing such bodily
injury as is likely to 3. With the intention of causing bodily injury to
any person, and the bodily injury intended to be
cause death; inflicted is sufficient in the ordinary course of
nature to cause death;

c. With the knowledge… 4. With the knowledge that the act is so

imminently dangerous that it must in all
that the act is likely to probability cause death, or such bodily injury
cause death. as is likely to cause death.
DIFFERENCE BETWEEN CULPABLE HOMICIDE AND MURDER

Death caused intentionally • Illustration – a

(Section 299 [a] & Section 300 [1]).

Injury caused resulting in death knowing the

particular conditions of the victim • Illustration – b
(Section 299 [b] & Section 300 [2]).

Injury likely to cause death – CH & Injury sufficient in

the ordinary course of nature to cause death - Murder
(Section 299 [b] & Section 300 [3]).

Risk to human life resulting • If death likely result – CH

in death. (Illustration – b of S.299)
(Section 299 [c] & Section • If death most probable result – murder
300 [4]). (Illustration – d of S.300)
INGREDIENTS OF CULPABLE HOMICIDE AMOUNTING TO
MURDER
• Ingredients of culpable homicide + ingredients of murder.
– Intention
– bodily injury
– knowledge
• intention is 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.
• Bodily injury is sufficient in the ordinary course of nature to cause death,
• Knowledge that is so imminently dangerous that is must, in all probability,
cause death
• And commits act without an excuse.
• Section 299 - culpable homicide
• 3 ingredients : Intention, bodily injury & knowledge
• Section 300 – Murder
• 3 ingredients: Intention, bodily injury & knowledge, but aggravated form of
these and higher degree of intention and knowledge is required.

Also the act must not fall into one of the 5 exceptions
Inder Singh Bagga Singh v. State of Pepsu, AIR 1955 SC 439
• The appellant had given 6 lathi blows on the head of the deceased. One of such
blow fractured his skull. After three weeks deceased died because of
haemorrhage.
• Accused was held liable under Section 304, Part I.
• The Court held that even the blows were inflicted by accused on the head of the
deceased with force, the lathi not being an iron rode and the deceased being a
young man and strongly built, the appellant could be held to have been actuated
with the intention of causing death nor do one could thing despite medical
evidence that the injury was sufficient in the ordinary course of nature to cause
death.
Kapur Singh v. State of Pepsu, AIR 1956 SC 654
• Kapur Singh, appellant gave 18 injuries on the arms and legs of the deceased
with a gandasa.
• None of the injury was on vital part of the body of the deceased. The motive
behind the attack was revenge because deceased’s son, Bachan Singh had
caused serious leg injury which resulted into amputation of the leg of
appellant’s son.
• The court held that one of the injury by appellant was on vital part of the body
of deceased whom the appellant had no intention to kill.
• But though the appellant had no intention to kill but he had known that injury
he is causing were likely to cause death and as a consequence death was
caused.
• The appellant’s conviction of murder was converted into culpable homicide.
Virsa Singh v. State of Punjab, AIR 1958 SC 465
• The SC observed that under Section 300 (3), Culpable homicide is murder if these
conditions are fulfilled –
– The act which causes death is done with the intention of causing bodily injury;
– The injury intended to be inflicted is sufficient in the ordinary course of nature to cause
death.
• To bring a case under clause 3 of S. 300, the prosecution must establish –
– The accused inflicted injury on the body of deceased;
– The intention of the accused was to inflict that very injury which has been found on the
body of the deceased;
– Injury was of particular nature, with an intention to strike at a vital body part, and it was
not accidental or unintentional or that some other kind of injury was not intended;
– Injury was sufficiently serious to cause death in the ordinary course of nature.
• Conviction under Section 302 was upheld.
PUNISHMENT
• Culpable homicide- sec 304
– Act causing death was done with intention of causing death
• Imprisonment for life or upto 10 years + fine
– Act causing death was done with knowledge that it will cause death, but not
with intention of causing death
• Imprisonment upto 10 years or fine or both.
• Murder- sec 302
– Death or imprisonment for life + fine