Name: Kishan Chaturvedi [BBA.

LLB IV Semester]
College-BASAHEB BHIMRAO
AMBEDKAR UNIVERSITY,
LUCKNOW

Subject- LAW OF CRIME - II

Subject Code – LB -403
Topic- CULPABLE HOMICIDE
Submitted to – DR. RAGINI NARAIN
Submitted by – Kishan Chaturvedi
SERIAL NO. TITLE
PAGE

I ACKNOWLEDGEMENT
II RESEARCH METHODOLOGY
III INTRODUCTIONS
IV CHAPTER I - CULPABLE HOMICIDE
V CHAPTER II - TYPES OF CULPABLE
HOMICIDE
VI CHAPTER III - PUNISHMENT

VII CHAPTER IV DIFFERENCE BETWEEN

CULPABLE HOMICIDE AND MURDERVIII
CONCLUSIONS
XI BIBILOGRAPHY
 ACKNOWLEDGEMENT

I take this opportunity to express a deep sense of gratitude

to my subject teacher for her keen interest and
encouragement and which enabled me to complete this
project successfully. Finally, I wish to put this on the
record the fact that this project has provided me the
opportunity to gain a deeper understanding of the topic.
It is hoped that the project will fulfil the expectation of My
Subject Teacher DR. RAGINI NARAIN
RESEARCHMETHODOLOGY
(I) Title of the Project
“CULPABLE HOMICIDE”

(II) OBJECTIVE
The primary objective of the project is to state the basic
concept of the topic. The project aim is limited and is
intended to give a general overview of the topic.
(III) METHOD
The research method adopted is doctrinal due to the
subjective nature and limited knowledge of the researcher
about the topic.
(IV) SOURCE OF DATA
Secondary source of data consisting of books article and
various e-resources have been used in the study.
 INTRODUCTION

Homicide is a term which originates from the Latin term

‘Homo’ means human and ‘caedere’ means killing.
In India homicide is divided into two forms- Culpable
Homicide (Section 299 of the Indian Penal Code) and Culpable
Homicide amounting to murder (Section 300 of the Indian
Penal Code). Homicide is one of the most grievous acts a
person can commit as it is the highest order of bodily injury
inflicted on a human being hence that’s why regulations
regarding Homicide are grave, for instance, culprits are usually
sentenced to life imprisonment or the death penalty as these are
the most extreme punishments given by the judiciary.
Therefore, discussion of What is culpable homicide, what are
the ingredients, difference between culpable homicide and
murder, punishment regarding it are necessary.
 CHAPTER – I
CULPABLE HOMICIDE
Homicide means the killing of a human being by a human
being1. Homicide is the highest order of bodily injury that can
be inflicted on a human body.
Lawful and Unlawful Homicide
A culprit in a case of Homicide cannot always be culpable. This
derives the notion of lawful homicide where the accused had a
valid reason to commit the crime. In these cases, death is caused
in self-defence or by mistake of fact or in a bonafide execution
of the law etc. Hence Homicide can be lawful as well as
unlawful. Lawful Homicide may include justifiable and
excusable homicide. Unlawful Homicide may include death by
rash and negligent act (Sec 304-A), suicide (Sec 309) or
culpable homicide.
Culpable homicide is an unlawful homicide. Laws regarding
culpable homicide are enshrined in the Indian Penal Code 1862.

1
1 Stephen “ A history of the Criminal Law of England”, (1883), Vol.III, P.1
 CHAPTER - II
TYPES OF CULPABLE
HOMICIDE
Laws regarding culpable homicide according to Indian Penal Code
1862 are of two types;
Culpable Homicide not amounting to Murder
Culpable Homicide not amounting to Murder is mentioned in Section
299. It is simply referred to as culpable homicide under the Section 299
of The Indian Penal Code 1862 which states that:
“An act done with the intention of causing death or causing such
bodily injury which is likely to cause death or having the knowledge
that he can likely by his act cause death, he will be committing the
offense of culpable homicide.”

ESSENTIAL OF THE SECTION

From the definition, we get three essential conditions which must be
fulfilled to attract Section 299 of the Indian Penal Code these are;
1. The intention of causing death.
2. The intention of causing such bodily injury as is likely to cause death.
3. With the knowledge that he is likely by such an act to cause death.
Culpable Homicide amounting to Murder
Culpable Homicide amounting to Murder comes under the purview of
Section 300 of the Indian Penal Code which states that:
“Culpable homicide is murder, if the act is done with the intention of
causing death or if it is done with the intention of causing such bodily
injury as is likely to cause the death of the person or if the inflicted
bodily injury is sufficient in the ordinary course of nature to
cause death or if there is knowledge involved that the act done is so
fatal that in all probability it can cause death or such bodily injury as
is likely to cause death and commits such act without any excuse.”
Conditions
There are essential conditions which must be fulfilled to attract Section
300 of the Indian Penal Code these are
1. The intention of causing death.
2. 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.
3. 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.
4. 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.

Exceptions to Section 300 of the Indian Penal Code 1862

Culpable homicide amounts to murder when the act is done with the
intention of causing death but in the cases mentioned below this
principle does not apply.
The following acts can amount to culpable homicide not amounting to
murder. Exceptions 1-5 in the (d) and (f) illustrations of section 300 of
the IPC define conditions when culpable homicide is not amounting to
murder, these are as follows-
• It is not culpable homicide amounting to murder if it is committed
by a person who gets deprived of the power of self-control and causes
the death of someone because of a grave and sudden provocation.
• It is not culpable homicide amounting to murder when the offender
causes the death of someone while exercises his right of private defence
of person and property in good faith.
• It is not culpable homicide amounting to murder if a public servant
causes someone’s death while performing his duties and in good faith
and he believes that his acts were lawful.
• It is not culpable homicide amounting to murder if a person causes
the death of someone commits it in a sudden fight in the heat of passion
upon a sudden quarrel.
• It is not culpable homicide amounting to murder when a person
suffers death with his own consent when he is above 18 years of age.
 CHAPTER - III
PUNISHMENT
As we know there are two types of culpable homicide
according to the Indian Penal Code 1862. Culpable homicide
not amounting to murder (Section 299 IPC) and culpable
homicide amounting to murder (Section 300 IPC). Hence there
are two different provisions regarding the punishment for both
the offences mentioned in the Indian Penal Code.
Section 304 of IPC
Section 304 of the Indian Penal Code provides punishment for
culpable homicide not amounting to murder. It states that
whoever causes death with intention or causes such bodily
injury as is likely to cause death or with the knowledge that
death is likely to be caused because of the act, shall be liable
for life imprisonment or imprisonment of either description for
a term which may extend to ten years, and shall also be liable
to fine . Secondly, whoever causes death without the intention
of causing death or such bodily injury as is likely to cause death
or doesn’t have the knowledge that his act could cause death
shall be sentenced to imprisonment of either description for a
term which may extend to ten years, and shall also be liable to
fine .
If the act which causes death is done without the intention of
causing death but with the knowledge that death is likely to be
caused by such act, the person shall be sentenced to
imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
In the case of Shanmugam v. State of T.N., 2it was held that
offences under Section 304 can be considered as cognizable,
non-bailable and triable by the Court of Sessions. In this, there
arose a quarrel between the accused and the deceased In course
of the quarrel the accused stabbed the deceased with a spear in
the abdomen and the chest resulting in the death of the victim
because of septicaemia. The accused was sentenced to life
imprisonment under part I of Section 304 of IPC.
If we see in this case that Exception 4 under Section 300
applies here. Hence, it would come under Section 299 of the
IPC. Part 1 of Section 304 was attracted because it was clear
from the facts that there was a clear intention to cause death or
cause such bodily injury which is likely to cause death.
Section 302 of IPC
Section 302 of the Indian Penal Code provides punishment for
murder or culpable homicide amounting to murder (as stated in
Section 300 of IPC), it states that whoever commits murder
shall be liable for life imprisonment or death penalty and he
shall also be liable for a fine too.
Death penalty under Section 302
However, death penalty can only be given in rarest of the rare
case this was held in the case of Bachan Singh v. State of
Punjab3 wherein it was observed that when the court can avail
the recourse of life imprisonment then why the court has to go
for such an inhumane punishment like death penalty. The
2
AIR 2003 SC 209, 2003 (1) ALD Cri 223
3
AIR 1980 SC 898
Indian Judiciary has defined certain conditions in which death
penalty could be used as a recourse these were laid down in the
Machhi Singh And Others v. State Of Punjab4 which are as
follows:
1. When the murder committed is extremely brutal, ridiculous,
diabolical, revolting, or reprehensible manner which awakens
intense and extreme indignation of the community. For
instance, setting someone’s house on fire with the intention to
burn them alive;
2. The causing of multiple deaths;
3. When death is caused because of the caste and creed of the
person;
4. When the motives of the accused were cruelty or total
depravity; and
5. When the murder victim is an innocent child, a helpless
woman or person of old age or infirmity, a public figure, etc.
But it is still subjective to determine what is rarest of the rare
and what is not. Hence it leaves an ambiguity that in what cases
can the death penalty be applied and with recent developments
in the case of Mukesh & Anr vs State for Nct of Delhi & Ors5
where all the accused were sentenced to death penalty, raised a
major question why can’t India like other countries sort to
abolish the death penalty when there is a recourse like life
imprisonment present with the judiciary.

4
1983 AIR 957
5
(2017) 3 SCC 719
 CHAPTER – IV
DIFFERENCE BETWEEN
CULPABLE HOMICIDE AND
MURDER
“All murders are culpable homicide but not all culpable
homicides are murders” is a very common phrase used to
establish a difference between culpable homicide and murder.
Culpable homicide is the genus and murder is the species.6 The
major difference between them is that murder is a more
aggravated form of culpable homicide. In murder, there is no
presence of ambiguity that the act may or may not kill as it is
present in culpable homicide. A greater the degree of intention
and knowledge, the case would fall under murder. A lesser
degree of intention or knowledge, the case would fall under
culpable homicide. However, it is difficult to arrive at any
categorical demarcations or strait jacket difference between
culpable homicide and murder.
As mentioned by Sir James Stephen, it is extremely difficult to
distinguish between Culpable Homicide and Murder as the
result of both is death. But there is a presence of difference
though little it all boils up to a very subtle distinction of
intention and knowledge involved in both the crimes. The
actual difference lies in the degree of the act there is a very wide

6
Narasingh Challan vs State 1997 CriLJ 2204
difference of degree of intention and knowledge among both
the crimes.
 CONCLUSION

Culpable homicide means causing the death of someone by an

act so fatal which can likely cause death. According to the
Indian Penal Code, there are two types of culpable homicide.
Culpable homicide not amounting to murder. (Sec 299 IPC),
Culpable homicide amounting to murder. (Sec 300 IPC) and
punishment regarding culpable homicide is mentioned under
Section 302 and Section 304 of the Indian Penal Code
respectively. Punishment for culpable homicide amounting to
murder (Sec 300) is given under Section 302 which is either
death penalty or life imprisonment as well as fine. Punishment
for culpable homicide not amounting to murder (Sec 299) is
given under Section 304 which is either imprisonment for 10
years or fine or both. It can extend to life imprisonment if there
was intention present.
 BIBLIOGRAPHY

PSA Pillas “Criminal Law,” Lexis Nexis, New Delhi, (2017)

Ratanlal & Dhirajlal the Indian Penal Code (36th Edition )2020