Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

naani ravee   22 January 2020

deferences....

explain deference b/w S299 of IPC& S300 of IPC?


Learning

 1 Replies

Raksha Joshi   22 January 2020

 

 Hello Naani Ravee,

Thankyou for your question 

To know the difference between section 299 of IPC (culpable homicide) and section 300 of IPC (murder) we need to understand their meanings. The Legal meaning of murder is homicide i.e. the illegal killing of one person u another. 

 

SECTION 299 of IPC (CULPABLE HOMICIDE):

 Section 299 of IPC defines culpable homicide as who ever 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 his act is likely to cause death, commits the offence of culpable homicide. 

 

SECTION 300 of IPC (MURDER) : Culpable homicide leads to murder when the act by which the death is caused is done with the intention of causing death, or if it is done 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. If 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

 

EXCEPTIONS : 

  1. Culpable homicide is not a murder when the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.

The above exception is subject to the following provisos

First– That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing. Or doing harm to any person.

Secondly– That the 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.

Thirdly– That the provocation is not given by anything done in the lawful exercise of the right of private defense.

 

  1. Culpable homicide is not amounted to murder if it’s done in exercise of good faith to protect the public or private property. If someone exceeds his power given by law and kills someone in order to save something or someone it cannot be amounted as Murder.
  2. Culpable homicide is not murder if the offender, being a public servant or aiding. A public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.

CULPABLE HOMICIDE BY CAUSING DEATH OF A PERSON OTHER THAN A PERSON WHOSE DEATH WAS INTENDED (301) -

Culpable Homicide amounts to murder if any other person who was not intended to die, dies due to the conditions and acts done by the perpetrator even if he has planned the murder for someone else.

CAUSING DEATH BY NEGLIGENCE(304) - Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

ATTEMPT TO MURDER (307) - Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine, and if hurt is caused to any person by such act, the offender shall be liable either to 1[imprisonment for life], or to such punishments decided by the court of law accordingly.

ATTEMPT TO COMMIT CULPABLE HOMICIDE (308)- Whoever does any Act with such intention or knowledge and under such circumstances that, if he by that Act caused death, he would be guilty of culpable homicide not amount to murder and shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both, and if hurt is caused to any person by such Act, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, or with fine, or with both.

 

To understand this further, here are a few examples - 

 

Example 1 - 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.

 

Example 2 - 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.

 

Example 3 - A shoots at Z with intention to kill him, under such circumstances that, if death ensued. A would be guilty of murder. A is liable to punishment under this section.

 

Example 4 - A, with the intention of causing the death of a child of tender years, exposes it in a deserted place. A has committed an attempt to murder even if the child doesn’t die.

Hope this helps! Let me know if there is a query! 
Best Regards, 

Raksha 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register