Section 300 - Murder
As defined, Section 300 IPC defines the act of Murder.
Sec 300 IPC, which constitutes the offence of Murder, is the aggravated form of the Culpable homicide. A person committing murder shall be liable to punishment, which may be death or may also lessen down to life imprisonment by proper discretion of the court.
It states as, “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-
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.”
Explanation-
The term ‘Murder’ is derived from the Germanic word which means ‘secret killing.’ The offence of Murder is an aggravated form of the culpable homicide. Section 300 IPC, clearly states the distinction when the act committed will fall under culpable homicide and when the act committed will amount to murder.
For a better understanding of section 300 Indian Penal Code, it is necessary to know the difference between Murder and Culpable Homicide. As the causing of death is common in both, it somehow gets difficult for people to distinguish between the two.
For committing either of the offences, be it Murder or Culpable homicide, criminal intention or knowledge of the person is the essential element. There is a very fine line between the difference between the two offences, based on the intention and knowledge involved.
The real difference lies in the degree of the commission of the offence. Greater the degree, the person will be held accordingly.
Understand the difference between the two:
Section 299 of IPC:
-
A person commits culpable homicide if he has done an act by which the death is caused.
-
The intention of the person was to cause death.
-
With the intention of causing such bodily injury as is likely to cause death
-
With the knowledge, that the act is likely to cause death
Section 300 of IPC:
-
With respect to exceptions, culpable homicide will be considered as murder, if the act by which death is caused is done.
-
The intention of the person was to cause death.
-
If a person with intention causes such bodily injury to a person, which he knows can cause the death of the person.
-
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.
-
With the knowledge that the act committed was so dangerous that it must in all probability cause death, or such bodily injury, which can cause death.
As it is clear by now that there is a very slight difference between the act of committing murder and culpable homicide. Culpable homicide simply means the killing of a human being by another human.
For the purpose of sec 300 Indian Penal Code, five exceptions are provided. In these cases, death caused will not amount to murder.
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 or sudden provocation, causes the death of the person who provoked him or by mistake or accidentally causes the death of any other person.
The above exception will be applicable if:
- The provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person
- 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.
- That the provocation is not given by anything done in the lawful exercise of the right of private defence.
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 power 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.
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.
With the above-mentioned definition, differences and exceptions, one can have a brief knowledge of what does the term Murder means, the difference between the act of culpable homicide and that of a Murder.
Hence, the act committed with the intention and knowledge that can cause the death of another person will amount to Murder and the person committing it shall be liable for punishment under section 302 of the IPC.
Murder as defined under IPC 300, is one of the heinous crimes. The offence of taking away someone’s life with proper knowledge and intention is punishable with either death or with life imprisonment and fine, depending on the nature and gravity of the offence committed.
A death sentence is given in the rarest of the rare cases. Indian Judiciary follows the principle of the reformative theory of punishment and hence the offenders are punishable with life imprisonment.
The offence of Murder is a Cognizable and Non-bailable offence, triable by Court of Sessions.
