Offences

against body
Discusses in detail the different
aspects of Murder, Culpable
Homicide, negligence
Indian Penal Code
Class 4
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Law Entrance Exam 2021
 Kriti Bhatnagar

● B.A LLB, NLIU Bhopal (2019)

● LLM, GNLU Gujarat (2020)
● Cleared UGC NET (2020)
● CLAT - All India Rank 339
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INTRODUCTION

Homi?
Cide? Caedere?
So, Homicide?

Does Intention exist in Culpable homicide

not amounting to murder and Murder?
INTRODUCTION

● Gravest form

● Higher Probability
● Higher Intention
● Last scenario
Distinction between Section 299 and 300
Murder
The prosecution must prove the following facts before it
can bring a case under section 300:
First, it must establish quite objectively, that a bodily injury
is present;

Second, the nature of the injury must be proved; these are

purely objective investigations;

Third, it must be proved that there was an intention to

inflict that particular bodily injury, that is to say, that it was
not accidental or unintentional or that some other kind of
injury was intended. Once these three elements are
proved, to be present, the inquiry proceeds further; and,

Fourth, it must be proved that the injury set out above is

sufficient to cause death in the ordinary course of nature.
This part of the inquiry is purely objective and inferential
and has nothing to do with the intention of the offender.
Examples

● Stick
● Bat
● Knows
How to compare?

Compare clause (b) of section 299 and

section 300, “Thirdly”

Likely to cause death

Ordinary course of nature to cause death

Probability
EXAMPLE

Blow from fist on head

Vs

Wound from sword on a neck

MADANAYYA VS STATE OF MAHARASHTRA
KAMESHWAR RAO VS STATE OF ANDHRA
PRADESH
SARABJEET SINGH VS UTTAR PRADESH
GANDHI VS KARNATAKA
JESSICA LAL MURDER CASE
SECTION 302

Punishment for murder

Death
Imprisonment for life

Section 304 – Punishment for culpable

homicide not amounting to murder
Cases on exception

A tells his wife he has failed in his exam

thrice, and wants to end his life. Wife says
kills me first, and then kill yourself.
A kills the wife and before killing himself is
caught.
SAMEERLIVE
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