ipc 300

Hi

Follow this link:-https://www.lawyersclubindia.com/articles/Culpable-Homicide-Murder-under-IPC-9009.asp

Hope this will help you

Best regards,

Akshay Gupta

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n India according to Section 300 of the Indian Penal Code, 1860, murder is defined as follows:

Murder.--Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or-  2ndly.-If it is done with 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. or- 3rdly.-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, or- 4thly.-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 as aforesaid

Murder is defined under section 300 of IPC. It  is the aggravated form of the culpable homicide. A person committing murder shall be liable to punishment, which may be death or may also lessen down to life imprisonment by proper discretion of the court.

For a better understanding of section 300 Indian Penal Code, it is necessary to know the difference between Murder and Culpable Homicide. As the causing of death is common in both, it somehow gets difficult for people to distinguish between the two.

For committing either of the offences, be it Murder or Culpable homicide, criminal intention or knowledge of the person is the essential element. There is a very fine line between the difference between the two offences, based on the intention and knowledge involved.

The real difference lies in the degree of the commission of the offence. Greater the degree, the person will be held accordingly.

Section 300 of IPC:

• With respect to exceptions, culpable homicide will be considered as murder, if the act by which death is caused is done.
• The intention of the person was to cause death.
• If a person with intention causes such bodily injury to a person, which he knows can cause the death of the person.
• 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.
• With the knowledge that the act committed was so dangerous that it must in all probability cause death, or such bodily injury, which can cause death.

For the purpose of sec 300 Indian Penal Code, five exceptions are provided. In these cases, death caused will not amount to murder. 

The offence of Murder is a Cognizable and Non-bailable offence, triable by Court of Sessions.