MURDER

Explain briefly the offence of culpable homicide amounting to murder given under section 300 of Indian Penal Code, 1860.

One of the most celebrated articles of Indian Constitution i.e., Article 21 provides very basic right and that right is right to live a dignified life. According to this Article every person has right to life and no person can violate this right of any other person and if any person violates this right of another person i.e., kills another person then the legal heirs of the deceased person can claim the remedy from the judicial court and judicial court has power to held the accused liable for having committed the offence of homicide.

The term homicide is made up of two terms i.e., ‘homo’ and ‘cide’. The term ‘homo’ means man, human being and the term ‘cide’ means to cut, kill. So, basically, the term homicide means killing of human being by another human being. So, if any person kills another person, then the former person can be punished for having committed the offence of homicide. Culpable homicide can be further divided into two categories: –

• Culpable homicide amounting to murder
• Culpable homicide not amounting to murder

Section 300 of Indian Penal Code, 1860, deals with the provisions of culpable homicide amounting to murder. According to section 300 of Indian Penal Code, 1860, if any person causes the death of another person with an intention to cause death or if he causes such bodily injury to another person which he knows that this injury will likely to cause death of the latter person or it is considered that the injury is sufficient in the ordinary course of nature to cause death or if the accused person commits any act which is so imminently dangerous and will cause the death of another person in all the probability, then in such cases, the accused will be held liable for having committed the offence of culpable homicide amounting to murder.

In the leading case of R vs Banklu, the Hon’ble court held that if an accused with an intention to cause death causes the death of another person, then only he can be held liable for having committed the offence of culpable homicide amounting to murder.

Moreover, in the leading case Virsa Singh vs State of Punjab, the Hon’ble court laid down that in order to bring a case within clause (3) of section 300, the prosecution must prove the following facts: –

1. It must establish that bodily injury has been inflicted by an accused.
2. It must establish the nature of the injury.
3. It must establish that there was an intention to inflict that particular bodily injury.
4. It must establish that the injury was sufficient in the ordinary course of nature to cause death.

According to section 300 of Indian Penal Code, 1860, there are four main ingredients of culpable homicide amounting to murder and these are as follows: –   

1. There must be an intention to cause death of a person
2. The injury must be caused intentionally and with the knowledge that it would cause death of the person
3. The injury must be caused intentionally and that injury must be sufficient in ordinary course of nature to cause the death of the person
4. The act caused by the person must be so imminently dangerous and it must cause the death in all the probabilities.

These are the main ingredients of section 300 i.e., culpable homicide amounting to murder. If a person commits the murder of another person, then to held him liable under section 300 of Indian Penal Code, 1860, it is necessary for the prosecution to prove the intention of the accused person. If the prosecution fails to prove the intention of the accused, then in such a case, the court will give the accused a benefit of doubt and he will be acquitted by the court. But if the prosecution proves the intention of the accused, then only, he can be held liable for having committed the offence of culpable homicide amounting to murder.

In this section intention of an accused plays the very important role because an intention of the accused determines whether he would be held liable for having committed the offence of culpable homicide amounting to murder or culpable homicide not amounting to murder.

In the leading case of Rex vs Govinda, the Hon’ble court held that the main difference between Murder and culpable homicide not amounting to murder is of intention. In case of murder, the intention required by the accused must be severe and grave in nature but in case of culpable homicide, the intention required by the accused should not be so severe and grave in nature as of required in case of murder.