Residuary Powers (Art. 248)

Q. 3 Define culpable homicide. When does culpable homicide amounts to murder ? Explain.

Ans. Homicide means killing of a human being by another human being. A homicide can be lawful or unlawful. Lawful homicide includes situations where a person who has caused the death of another cannot be blamed for his death. Culpable means blame worthy.

Thus, Culpable Homicide means killing of a human being by another human being in a blameworthy or criminal manner. Section 299 of IPC defines Culpable Homicide as follows

- Section 299 - 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 he is likely by such act to cause death, commits the offence of Culpable Homicide.

 Explanation 1 - A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.

 Explanation 2 - Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skillful treatment the death might have been prevented.

 Explanation 3 - The causing of the death of child in the mother's womb is not homicide. But it may amount to Culpable Homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. Following are the essential elements of Culpable Homicide –

1. Death of a human being is caused - It is required that the death of a human being is caused. However, it does not include the death of an unborn child unless any part of that child is brought forth.

2. By doing an act - Death may be caused by any act for example, by poisoning or by hurting with a weapon. Here act includes even on omission of an act for which one is obligated by law to do.

3. Intention or Knowledge - There must be an intention of any of the following –

1. Intention of causing death - The doer of the act must have intended to cause death. It is important to note that intention of causing death does not necessarily mean intention of causing death of the person who actually died. If a person does an act with an intention of killing B but A is killed instead, he is still considered to have the intention.

2. Intention of causing such bodily injury as is likely to cause death - The intention of the offender may not have been to cause death but only an injury that is likely to cause the death of the injured

Or the act must have been done with the knowledge that such an act may cause death - When a person does an act which he knows that it has a high probability to cause death, he is responsible for the death which is caused as a result of the act.

In Jamaluddin's case 1892, the accused, while exorcising a spirit from the body of a girl beat her so much that she died. They were held guilty of Culpable Homicide. Negligence - Sometimes even negligence is considered as knowledge.

Murder (When Culpable Homicide amounts to Murder) Murder is a type of Culpable Homicide where culpability of the accused is quite more than in a mere Culpable Homicide. Section 300, says that Culpable Homicide is Murder if the act by which the death is caused is done

1. with the intention of causing death

2. or with an intention of causing such bodily injury as the offender knows to be likely to cause the death of the person, 

3. or with an intention of causing such bodily injury as is sufficient in ordinary course of nature to cause death.

4. It is also Murder if the person committing the act knows that the act is so dangerous that it will cause death or such injury as is likely to cause death in all probability and he has no valid reason for doing that act.

Speaking generally, 'Culpable Homicide' sans 'special characteristics of Murder is Culpable Homicide not amounting to Murder'. For the purpose of fixing punishment, proportionate to the gravity of the generic offence, the IPC practically recognizes three degrees of Culpable Homicide.In Augustine Saldanha vs State of Karnataka LJ 2003, SC deliberated on the difference of Culpable Homicide and Murder. SC observed that in the scheme of the IPC Culpable Homicide is genus and Murder its specie. All 'Murder' is 'Culpable Homicide' but not vice-versa.

The first is, what may be called, 'Culpable Homicide of the first degree'. This is the greatest form of Culpable Homicide, which is defined in Section 300 as 'Murder'.

The second may be termed as 'Culpable Homicide of the second degree'. This is punishable under the first part of Section 304. Then, there is 'Culpable Homicide of the third degree'. This is the lowest type of Culpable Homicide and the punishment provided for it is also the lowest among the punishments provided for the three grades. Culpable Homicide of this degree is punishable under the second part of Section 304.