Sunday, April 21, 2024

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IPCMODEL ANSWER

CULPABLE HOMICIDE

Explain briefly the offence of culpable homicide not amounting to murder given under section 299 of Indian Penal Code, 1860.

Culpable homicide is one of the most brutal conventional crimes because it directly affects the right to life of another person given under article 21 of the Indian Constitution. According to article 21 of Indian Constitution, every person has fundamental right to life. This right is not only a fundamental right. It is also a natural right and has been given by the God to each and every individual. So, no other person has right to breach the right to life of another person without any procedure established by law.

If any person breaches the right to life of another person without any procedure established by law, then in such a case, that person will be held liable for having committed the offence of Culpable homicide. But, actually, the offence of culpable homicide can be divided into two parts and it is always a matter of confusion that under which part the accused should be held liable. The two parts are as follows:

  1. Culpable homicide amounting to murder
  2. Culpable homicide not amounting to murder
  

Section 300 of Indian Penal Code, 1860, deals with the provisions of Culpable homicide amounting to murder whereas section 299 of Indian Penal Code, 1860, deals with the provisions of Culpable homicide not amounting to murder and the main difference between the two is of the severity of intention.

According to section 299 of Indian Penal Code, 1860, an accused can be held liable for having committed the offence of culpable homicide not amounting to murder only if he terminates the life of another person in a blameworthy manner. If an accused terminates the life of another person in a blameworthy manner, then to held him liable, the prosecution has to prove the main ingredients of section 299 of Indian Penal Code, 1860, and the main ingredients of section 299 of Indian Penal Code, 1860, i.e., culpable homicide not amounting to murder are as follows:

  
  1. The prosecution will have to prove another personโ€™s death
  2. The prosecution will have to prove that death of the deceased was a result of an act committed by the accused
  3. The prosecution will have to prove that the act which resulted in the death of deceased was done either with: –
    โ€ข The intention to cause death
    โ€ข The intention to cause such bodily injury which can lead to the death
    โ€ข The knowledge that such an act will likely to cause death

According to section 299 of Indian Penal Code, 1860, if prosecution proves any of the ingredients of this section, then only he can secure the conviction of an accused person. Section 299 of the Indian Penal Code, 1860, describes the way that how can an accused person commit the offence of culpable homicide but the punishment of this offence has been given under section 304 of the Indian Penal Code, 1860. Section 304 of the Indian Penal Code, 1860, divides the punishment into two categories i.e.,

  
  1. According to first part of section 304 of Indian Penal Code, 1860, if an accused commits the culpable homicide not amounting to murder with an intention to cause death or cause such bodily injury as is likely to cause death, then in such a case, he will be punished either with imprisonment for life or imprisonment of either description for a term which may extend to ten years and will also be liable to fine.
  2. According to second part of section 304 of Indian Penal Code, 1860, if an accused commits the culpable homicide not amounting to murder by committing an act with the knowledge that it will likely to cause death, then in such a case, he will be punished with imprisonment of either description for a term which may extend to ten years or with fine or with both.

In the leading case of State of Andhra Pradesh vs. Rayavarapu Punnayya and Another (1976), the Honโ€™ble court held that culpable homicide without the special characteristics of murder is a culpable homicide not amounting to murder, falling under section 304 of the Indian Penal Code, 1860.

Moreover, in the leading case of Jagriti Devi vs State of Himachal Pradesh (2009), the Honโ€™ble Supreme Court observed that the phrases โ€˜intentionโ€™ and โ€˜knowledgeโ€™ imply the presence of a positive mental attitude towards committing the offence of culpable homicide given under section 299 of Indian Penal Code, 1860. Moreover, in this case, the Honโ€™ble court held that if both intention and knowledge were present at the time of committing the offence of culpable homicide given under section 299 of the Indian Penal Code, 1860, then in such a situation, the case would fall under first part of section 304 of the Indian Penal Code, 1860 whereas if an accused commits the culpable homicide not amounting to murder by committing an act with the knowledge that it will likely to cause death, then in such a situation, the case would fall under second part of section 304 of Indian Penal Code, 1860.

  

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