Culpable Homicide by Remiya Rani

The act of homicide is an act that has been a part of human life since day 1. Early men used to kill each other for food or creating dominance, the kings used to perform homicide to win territories and now people kill each other in the sway of jealousy, greed, etc. In India homicide is divided into two forms- Culpable Homicide (Section 299 of the Indian Penal Code) and Culpable Homicide amounting to murder (Section 300 of the Indian Penal Code). Both of these have a very minimal difference but these differences prove to be very crucial for the legal system as the delivery of a fair judgment is dependent on these differences.culpable homicide is a type of unlawful homicide. Laws regarding culpable homicide are enshrined in the Indian Penal Code 1862 (IPC). According to which, there are two types of culpable homicides-

Culpable Homicide not amounting to Murder (Section 299 IPC)
It can be simply referred to as culpable homicide, this comes under the purview of Section 299 of The Indian Penal Code 1862 which states that: An act done with the intention of causing death or causing such bodily injury which is likely to cause death or having the knowledge that he can likely by his act cause death, he’ll be committing the offense of culpable homicide.
Conditions
After bifurcating the definition, we get 3 conditions which have to be fulfilled to attract Section 299 of the Indian Penal Code 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.
Illustration:- A not knowing that D has a tumour in his brain, hits him hard on the head with a cricket bat, with the intention of causing death or with the knowledge that death is likely to be caused. D dies because of the bursting of the tumour. A is liable for culpable homicide not amounting to murder.
It was held in the case of Nara Singh Challan v. State of Orissa (1997) that Section 299 of the Indian Penal Code is the genus and Section 300 of the Indian Penal Code is the species. Hence, there are no independent sections regarding culpable homicide not amounting to murder it is the part of Section 300 of IPC which defines Murder. Herein, the court observed that: “For deciding the proper punishment which is proportionate to the current offense, IPC has divided culpable homicide into three degrees. First is the gravest form which is Murder it is defined under section 300 of IPC, the second is the culpable homicide of the second degree which is punishable under Section 304 part 1 of IPC and Third is the lowest degree of culpable homicide which is punishable under Section 304 part 2 of IPC.”
Culpable Homicide amounting to Murder
It can be simply referred to as Murder, this comes under the purview of Section 300 of the Indian Penal Code 1862 which states that:
Culpable homicide is murder, if the act is done with the intention of causing death or if it is done with the intention of causing such bodily injury as is likely to cause the death of the person or if the inflicted bodily injury is sufficient enough in the ordinary course of nature to cause death or if there is knowledge involved that the act done is so fatal that in all probability it can cause death or such bodily injury as is likely to cause death and commits such act without any excuse.
Conditions
After bifurcating the definition, we get 4 conditions which have to be fulfilled to attract Section 300 of the Indian Penal Code 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 act without any excuse for incurring the risk of causing death or such injury as aforesaid.
Illustration:- X knows that Z has a tumour in his brain and he hits him again and again with a bat on his head with the intention of causing death, and Z dies subsequently. X is liable for Murder.

Leave a Reply

Articles LexCliq Services

Monat ACV Gummies Reviews 2022: How to Choose The Best?

Product Name – Monat ACV Gummies ✔️Category – Health ✔️Side-Effects – NA ✔️Price for Sale – Best Price ✔️Availability – Online ✔️Rating -⭐⭐⭐⭐⭐ ✔️Official Website – [SALE IS LIVE] Hurry Get Your “Monat ACV Gummies” Best Deal For 1st User Limited Time Offer!! Monat ACV Gummies candies is a definitive, effective, and one of a […]

Read More
Articles

https://www.facebook.com/BiolifeCBDGummiesMaleEnhancement/

What are disadvantages you could get following purchasing Opportunity CBD for ED? No, Biolife CBD Gummies Male Enhancement comes up short on auxiliary impacts to propose to any of its buyers. It could work simply in some ways for everyone. Generously note that you simply have to consume one tacky reliably and don’t have to […]

Read More
Articles

https://www.facebook.com/BiolifeCBDGummiesMaleEnhancement/ (Biolife Male Enhancement)

Item Review 👌 Industry 👍 Work on Sextual Conviction ☘️☘🤩 Base Ingredients 👍🎉 Green Tea Leaf Extracts, Vitamin B👌👌 Any Negative Effects No Major Side Effects ❣️❣️🏋️‍♀️ Benefits 👌✔️ Maintain weight and reduce cholesterol🍀 Who can use it? Above 18+ 🏋️‍♀️ Maximum Results Time 🤷‍♀️ 2-3 Months (Results May Vary Person to Person) 🚶‍♀️ Online […]

Read More