Culpable Homicide

Introduction

Culpable Homicide is one of the gravest offences against the human body. The word culpable comes from the Latin word "culpe”, which signifies punishment. The Latin word “Homo + Cida”, which means human being + killing, is where the term homicide originates. It refers to the killing of a human being by a human being. Homicide may be lawful or unlawful. The Indian Penal Code, 1860 (IPC) deals with the provision of Culpable Homicide.

Section 299 of IPC

• This section deals with Culpable homicide.
• It states that 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 skillful treatment the death might have been prevented.
• Explanation 3. —The causing of the death of a 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.

Illustrations

• A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.
• A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z's death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.

Essential Ingredients of Culpable Homicide

• The following are the essential ingredients of culpable homicide:
  • A person must be dead.
  • The death must have been caused by the act of another person.
  • The act causing death must have been done with:
    • The intention of causing death; or
    • The intention of causing bodily injury likely to cause death; or
    • With the knowledge that such an act is likely to cause death.

Culpable Homicide Not Amounting to Murder

• Exceptions to Section 300 of IPC, enumerates certain cases in which culpable homicide is not murder:
  • Culpable homicide is not murder if the offender is deprived of the power of self-control by grave and sudden provocation and causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. This exception is subject to the following provisos:
    • Provocation is not sought or voluntarily pro­voked by the offender.
    • 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.
    • Provocation is not given by anything done in the lawful exercise of the right of private defence.
  • Culpable homicide is not murder, if it is the exercise of the right to private defence.
  • Culpable homicide is not murder, if it is done by the public servant acting in good faith.
  • Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel.
  • 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.

Culpable Homicide by Mistake or Accident

• Section 301 of IPC deals with the culpable homicide by causing death of person other than person whose death was intended.
• It states that if a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to he likely to cause.

Punishment for Culpable Homicide Not Amounting to Murder

• Section 304 of IPC deals with the punishment for culpable homicide not amounting to murder.
• Section 304 of IPC can be separated into two parts: Section 304 (Part I) and Section 304 (Part II).
• Section 304(Part I) states that, whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death.
• Section 304 (Part II) states that, whoever commits culpable homicide not amounting to murder shall be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

Case Laws

• In the case of Nara Singh Challan v. State of Orissa (1997), the Orissa High Court held that Section 299 of IPC is the genus and Section 300 of IPC is the species. Hence, there are no independent sections regarding culpable homicide not amounting to murder.
• In the case of Kusa Majhi v. State of Orissa (1985), the Court considered culpable homicide, not amounting to murder as it has caused bodily injury that was likely to cause death. The court also noted that it was out of a sudden moment and not pre-planned.