Offences against

human body
Detailed explanation to Culpable
homicide and murder
Section 299 and 300 IPC
Class 3
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 Kriti Bhatnagar

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WHAT WILL WE COVER TODAY

1. Homicide
2. Section 299
3. Section 300
4. Difference between section 299 and 300
5. Exceptions to section 300
6. MCQs
WHAT IS HOMICIDE

Killing of a human being by a human

being
Homicide is either lawful or unlawful

Lawful Homicide – Covered under

general exceptions

What are unlawful homicides?

UNLAWFUL HOMICIDES

Culpable
homicide not Rash or negligent Attempt to commit
amounting to homicide (Sec 304A) suicide (Sec 309)
murder Murder (Sec
(Sec 299) 300)
SECTION 299
The section has the following essentials:
1. Causing of death of a human being.
2. Such death must have been caused by doing an act
(i) with the intention of causing death; or
(ii) with the intention of causing such bodily injury as is
likely to cause death; or
(iii) with the knowledge that the doer is likely by such act
to cause death.

The fact that the death of a human being is caused is not

enough. Unless one of the mental states mentioned in
ingredient is present, an act causing death cannot
amount to culpable homicide.
ILLUSTRATIONS
(a) 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.
(b) 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.
(c) A, by shooting at a fowl with intent to kill and steal it, kills B,
who is behind a bush; A not knowing that he was there. Here,
although A was doing an unlawful act, he was not guilty of
culpable homicide, as he did not intend to kill B, or to cause death
by doing an act that he knew was likely to cause death.
EXPLANATIONS
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 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.
Section 300 - Murder
Section 300 of the Indian Penal Code-
1. Act by which the death caused is done with 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.
Section 300 – Murder ILLUSTRATIONS
(a) A shoots Z with the intention of killing him. Z
dies in consequence. A commits murder.
(b) A, knowing that Z is labouring under such a
disease that a blow is likely to cause his death,
strikes him with the intention of causing bodily
injury. Z dies in consequence of the blow. A is guilty
of murder, although the blow might not have been
sufficient in the ordinary course of nature to cause
the death of a person in a sound state of health. But
if A, not knowing that Z is labouring under any
disease, gives him such a blow as would not in the
ordinary course of nature kill a person in a sound
state of health, here A, although he may intend to
cause bodily injury, is not guilty of murder, if he did
not intend to cause death, or such bodily injury as
in the ordinary course of nature would cause death.
Section 300 – Murder ILLUSTRATIONS
(c) A intentionally gives Z a sword-cut or
club-wound sufficient to cause the death of
a man in the ordinary course of nature. Z
dies in consequence. Here, A is guilty of
murder, although he may not have
intended to cause Z’s death.
(d) A without any excuse fires a loaded
cannon into a crowd of persons and kills
one of them. A is guilty of murder,
although he may not have had a
premeditated design to kill any particular
individual.
DISTINCTION BETWEEN CULPABLE HOMICIDE AND
MURDER
All murder are culpable homicide but all culpable homicide is not murder.
EXCEPTIONS TO SECTION 300
Exceptions 1-5 in the (d) and (f) illustrations of section 300 of the IPC define conditions when
culpable homicide is not amounting to murder, these are as follows-
• It is not culpable homicide amounting to murder if it is committed by a person who gets
deprived of the power of self-control and causes the death of someone because of a
grave and sudden provocation.
• It is not culpable homicide amounting to murder when the offender causes the death of
someone while exercises his right of private defense of person and property in good
faith
• It is not culpable homicide amounting to murder if a public servant causes someone’s
death while performing his duties and in good faith and he believes that his acts were
lawful.
• It is not culpable homicide amounting to murder if a person causes the death of
someone commits it in a sudden fight in the heat of passion upon a sudden quarrel
• It is not culpable homicide amounting to murder when a person suffers death with his
own consent when he is above 18 years of age.
Questions
1 A hits B on the head with a hammer. B loses a lot of
blood. B is taken to the Hospital and the Doctor tells that
B’s blood group is not available at the time, but it is
available in another hospital. B dies at that time. Which of
the following is correct?
a. A is liable for culpable homicide not amounting to
murder
b. A is not liable at all as it is the hospital that could not
provide medical amenities
c. Hospital is liable with A because both contributed to B’s
death
d. Noone is liable
Questions

2. A not knowing that D has a tumour in his brain, hits

him hard on the head with a cricket bat. D dies because
of the bursting of the tumour.
a. A is liable for murder
b. A is liable for culpable homicide not amounting to
murder
c. A is liable for grievous hurt
d. A is not liable
Questions

3 A thinks B has a supernatural spirit inside him and

therefore, he strikes B with a heavy stick, thereby
causing B’s death. Decide the liability of A.
a. Murder
b. Grievous Hurt
c. He is not liable as he had no intention
d. Culpable homicide not amounting to murder
Questions

4 A was attending his sister’s wedding. When they were

going to the venue, A took out a pistol and fired towards
the sky. The bullet deflected and killed a man who was
on his roof. A is liable for-
a. Not liable as he only intended to enjoy his sister’s
wedding
b. Liable for murder
c. Liable for Culpable homicide not amounting to
murder
d. Not liable because he had no intention to kill anyone
Questions

5 A was extremely angry when he got to know that his calf

had come to the deceased place. A started abusing the
deceased, when the latter tried to stop him, the appellant
fired at the deceased. The deceased was unarmed at that
time, A is
a. Liable for Culpable homicide not amounting to murder
b. Liable for Murder
c. Not liable
d. Liable for hurt
Questions

6 Culpable homicide is not murder if done under:

a. Intoxication
b. Sudden and grave provocation
c. Irresistible impulse
d. All of the above
Questions

7 ‘A’ appears as a witness before Z, a magistrate, Z

says that he does not believe a word of A’s deposition,
and that A has perjured himself. A is moved to sudden
passion by these words and kills Z. This is:
a. Grave and sudden provocation
b. Murder
c. Culpable homicide not amounting to murder
d. All the above
Questions
8 XYZ, a surgeon, in good faith communicates to a patient,
his opinion that he (patient) cannot live. The patient dies in
consequence of the shock. XYZ is guilty of...

(a) Murder

(b) Causing death by negligence

(c) Culpable homicide not amounting to murder

(d) No offense
Questions
9 The deceased admonished her own son for not going for
fishing with the co-villagers. Infuriated on this the accused,
the son brought an axe and dealt with the blows on her
shoulder and she died. There was no pre plan of the
offence. The blows were not on the neck or head region.
The accused dealt blows likely to cause bodily injury which
was likely to cause death and he dealt blows on the spur of
moment and anger.
Deceased is liable for-
a. Not liable as provocation existed
b. Murder
c. A case of culpable homicide.
d. Liable for grievous hurt
Questions

10 A hurts B 24 times on head, neck and shoulders.

Most of the injuries were on vital parts. A is liable for –
a. Culpable homicide not amounting to murder
b. Murder
c. Not liable
d. Grievous hurt
Questions
11 Accused A1 And A2 entered the house of deceased
armed to commit robbery. Accused on being overpowered
by deceased caused the knife injury on the abdomen of the
deceased. He also caused injury to sister of deceased who
came to rescue the deceased. Co – accused also caused
knife injuries on the legs of the deceased and threatened
others with dire consequences. Accused is liable for-
a. Murder
b. Only robbery
c. Culpable homicide not amounting to murder
d. Not liable
Questions

12 A has a gun and he wants to go for hunting. Hunting

is prohibited in that area. A fires in that area and
accidently kills C who was standing behind a bush. A is
liable for –
a. Murder as he was prohibited in that area
b. Culpable homicide not amounting to murder, as he
never intended to kill C.
c. Not liable
d. Liable for grievous hurt.
Answers
1. A
2. B
3. D
4. C
5. B
6. B
7. B
8. D
9. C
10. B
11. A
12. C
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