Indian Penal Code,1860
Act No : 45
Section :
Murder.
300. Murder.--Except in the cases hereinafter excepted, culpablehomicide is murder, if the act by which the death is caused is donewith the intention of causing death, or-167 2ndly.-If it is done with the intention of causing such bodilyinjury as the offender knows to be likely to cause the death of theperson to whom the harm is caused. or- 3rdly.-If it is done with the intention of causing bodily injuryto any person and the bodily injury intended to be inflicted issufficient in the ordinary course of nature to cause death, or- 4thly.-If the person committing the act knows that it is soimminently dangerous that it must, in all probability, cause death, orsuch bodily injury as is likely to cause death, and commits such actwithout any excuse for incurring the risk of causing death or suchinjury as aforesaid. Illustrations (a) A shoots Z with the intention of killing him. Z dies inconsequence. A commits murder. (b) A, knowing that Z is labouring under such a disease that ablow is likely to cause his death, strikes him with the intention ofcausing bodily injury. Z dies in consequence of the blow. A is guiltyof murder, although the blow might not have been sufficient in theordinary course of nature to cause the death of a person in a soundstate of health. But if A, not knowing that Z is labouring under anydisease, gives him such a blow as would not in the ordinary course ofnature kill a person in a sound state of health, here A, although hemay intend to cause bodily injury, is not guilty of murder, if he didnot intend to cause death, or such bodily injury as in the ordinarycourse of nature would cause death. (c) A intentionally gives Z a sword-cut or club-wound sufficientto cause the death of a man in the ordinary course of nature. Z diesin consequence. Here A is guilty of murder, although he may not haveintended to cause Z's death. (d) A without any excuse fires a loaded cannon into a crowd ofpersons and kills one of them. A is guilty of murder, although he maynot have had a premeditated design to kill any particular individual. Exception 1.-When culpable homicide is not murder.-Culpablehomicide is not murder if the offender, whilst deprived of the powerof self-control by grave and sudden provocation, causes the death ofthe person who gave the provocation or causes the death of any otherperson by mistake or accident. The above exception is subject to the following provisos:- First.-That the provocation is not sought or voluntarily provokedby the offender as an excuse for killing or doing harm to any person. Secondly.-That the provocation is not given by anything done inobedience to the law, or by a public servant in the lawful exercise ofthe powers of such public servant. Thirdly.-That the provocation is not given by anything done inthe lawful exercise of the right of private defence. Explanation.-Whether the provocation was grave and sudden enoughto prevent the offence from amounting to murder is a question of fact.168 Illustrations (a) A, under the influence of passion excited by a provocationgiven by Z, intentionally kills Y, Z's child. This is murder, inasmuchas the provocation was not given by the child, and the death of thechild was not caused by accident or misfortune in doing an act causedby the provocation. (b) Y gives grave and sudden provocation to A. A, on thisprovocation, fires a pistol at Y, neither intending nor knowinghimself to be likely to kill Z, who is near him, but out of sight. Akills Z. Here A has not committed murder, but merely culpablehomicide. (c) A is lawfully arrested by Z, a bailiff. A is excited tosudden and violent passion by the arrest, and kills Z. This is murder,inasmuch as the provocation was given by a thing done by a publicservant in the exercise of his powers. (d) A appears as a witness before Z, a Magistrate. Z says that hedoes not believe a word of A's deposition, and that A has perjuredhimself. A is moved to sudden passion by these words, and kills Z.This is murder. (e) A attempts to pull Z's nose. Z, in the exercise of the rightof private defence, lays hold of A to prevent him from doing so. A ismoved to sudden and violent passion in consequence, and kills Z. Thisis murder, inasmuch as the provocation was giving by a thing done inthe exercise of the right of private defence. (f) Z strikes B. B is by this provocation excited to violent rage.A, a bystander, intending to take advantage of B's rage, and to causehim to kill Z, puts a knife into B's hand for that purpose. B kills Zwith the knife. Here B may have committed only culpable homicide, butA is guilty of murder. Exception 2.-Culpable homicide is not murder if the offender inthe exercise in good faith of the right of private defence or personor property, exceeds the power given to him by law and causes thedeath of the person against whom he is exercising such right ofdefence without premeditation, and without any intention of doing moreharm than is necessary for the purpose of such defence. Illustration Z attempts to horsewhip A, not in such a manner as to causegrievous hurt to A. A draws out a pistol. Z persists in the assault. Abelieving in good faith that he can by no other means prevent himselffrom being horsewhipped, shoots Z dead. A has not committed murder,but only culpable homicide. Exception 3.-Culpable homicide is not murder if the offender,being a public servant or aiding a public servant acting for theadvancement of public justice, exceeds the powers given to him by law,and causes death by doing an act which he, in good faith, believes tobe lawful and necessary for the due discharge of his duty as suchpublic servant and without ill-will towards the person whose death iscaused. Exception 4.-Culpable homicide is not murder if it is committedwithout premeditation in a sudden fight in the heat of passion upon asudden quarrel and without the offender's having taken undue advantageor acted in a cruel or unusual manner. Explanation.-It is immaterial in such cases which party offersthe provocation or commits the first assault. Exception 5.-Culpable homicide is not murder when the personwhose death is caused, being above the age of eighteen years, suffersdeath or takes the risk of death with his own consent.169 Illustration A, by instigation, voluntarily causes Z, a person under eighteenyears of age, to commit suicide. Here, on account of Z's youth, he wasincapable of giving consent to his own death; A has therefore abettedmurder.
