Culpable Homicide

Q.4 When Culpable Homicide does not amount to murder? 

Ans. When Culpable Homicide does not amount to Murder Section 300 also specifies certain situations when the Murder is considered as Culpable Homicide not amounting to Murder. These are -

(1) If the offender does an act that causes death because of a grave and sudden provocation by the other.

(2) If the offender causes death while exceeding the right to private defence in good faith.

(3) If the offender is a public servant and does an act that he, in good faith, believes to be lawful.

(4) If the action happens in a sudden fight in the heat of passion.

(5) If the deceased is above 18 and the death is caused by his own consent.

Explanation :

(Full Details) Exception I - Culpable Homicide is not Murder if 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 -

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

2. 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.

3. That the provocations not given by anything done in the lawful exercise of the right of private defence.

Explanation-Whether the provocation was grave and sudden enough to prevent the offence from amounting to Murder is a question of fact.

Illustrations

1. A, under the influence of passion excited by a provocation given by Z, intentionally kills, Y, Z's child. This is Murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation.

2. Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely Culpable Homicide.

3. A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest and kills Z. This Murder, in as much as the provocation, was given by a thing done by a public servant in the exercise of his powers.

4. A appears as a witness before Z, a Magistrate, Z says that he does not believe a word of A's deposition and that A has perjured himself. A is moved to sudden passion by these words and kills Z. This is Murder.

5. A attempts to pull Z's nose, Z, in the exercise of the right of private defence, lays hold of a to prevent him from doing so. A is moved to sudden and violent passion in consequence and kills Z. This is Murder, in as much as the provocation, was given by a thing done in the exercise of the right of private defence.

6. 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 cause him to kill Z, puts a knife into B's hand for that purpose. B kills Z with the knife. Here B may have committed only Culpable Homicide, but A is guilty of Murder.

Exception 2 - Culpable Homicide is not Murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence. Illustration - Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from 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 or 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.

Exception 4 - Culpable Homicide is not Murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner. Explanation-It is immaterial in such cases which party offers the provocation or commits the first assault.

In a very recent case of Byvarapu Raju vs State of AP 2007, SC held that in a Murder case, there cannot be any general rule to specify whether the quarrel between the accused and the deceased was due to a sudden provocation or was premeditated. "It is a question of fact and whether a quarrel is sudden or not, must necessarily depend upon the proved facts of each case".

Exception 5 - Culpable Homicide is not Murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.

Illustration - A, by instigation, voluntarily causes, Z, a person under eighteen years of age to commit suicide. Here, on account of Z's youth, he was incapable of giving consent to his own death; A has therefore abetted murder.