CRIMINAL LAW - CULPABLE HOMICIDE AND MURDER - PUNISHMENTS & CONCLUSION

Punishments

Section 302 – Whoever commits murder shall be punished with death

Section 304 – Whoever commits culpable homicide not amounting to murder shall be punished:

(a) with imprisonment for life, or imprisonment for a term which may extend to 10 years & shall also be liable to fine, if the act by which death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death.

(b) with imprisonment for a term which may extend to 10 years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

Conclusion-

The main element which is distinguish between murder and culpable homicide is Intention or in presence of a special mens rea.

If death is the most likely result of an act, it will be murder.

If death is the likely result of an act, it will be culpable homicide not amounting to murder.

CRIMINAL LAW - CULPABLE HOMICIDE NOT AMOUNTING TO MURDER

Culpable Homicide is not amounting to murder:

Exception 1 to 5 of s300 of IPC defines conditions when culpable Homicide is not amounting to murder:

I. Provocation.

II. Right of private defense.

III. Public servant exceeding his power.

IV. Sudden fight.

V. Consent.

Exception-1-culpable homicide is not amounting to murder if the offender, whilst deprive of self control by grave and sudden provocation, caused the death of the person who gave the provocation or causes the death of any person by mistake or accident.

The above exception is subject to the following provisions:-

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

2. 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. The provocation is not given by anything done in the lawful exercise of the right of private defense.

Provocation must be grave: upheld in Venkatesan v/s State of Tamil Nadu (1997)

1. The test of grave and sudden provocation is whether a reasonable men belonging to the same class of society as the accused, placed in the situation in which the accused was placed would be so provoked as to loss his self control.

2. In India words and gestures may also, under certain circumstances, cause grave and sudden provocation.

3. The mental background created by the previous act of the victim may be taken into consideration in ascertaining whether the subsequent act caused grave and sudden provocation for committing the offence.

Illustrations:

1. Y" gives a 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 amounting to murder, but merely culpable homicide.

2. A attempts to pull Z's nose, in the exercise of private defense, lays hold of A to prevent him from doing so. A is moved to sudden and violent passing in consequence kills Z. this is murder, in as much as the provocation was given by a thin done in exercise of the right of private defense.

Exceptions-2- Culpable homicide is not amounting to murder if the offender, in the exercise in good faith of the right of private defense 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 defense without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defense.

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.

Exceptions 3 - Culpable homicide is not murder if the offender, being a public servant, or aiding a public servant acting for the advancement of public justice exceeds the powers given to him by law, and caused death by doing an act which he , in good faith, believes to be lawful and necessary for the due discharge of this duty as such public servant and without ill will towards the person whose deaths is caused.

Exceptions 4 - Culpable homicide is not amounting to murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender 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.

Exceptions- 5 - culpable homicide is not amounting to murder when the murder whose death is caused, being above the age of 18 years, suffers death or take the risk of death with his own consent.

Scope – In Raghunath v/s State of Haryana AIR 2003 SC 165, Sc held that –

It is no well settled principle of law that if two views are possible, one in favor of the accused and the other adversely against it, the view favoring the accused must be accepted.

CRIMINAL LAW - CULPABLE HOMICIDE AND MURDER

This is from what I understand and studied...my reference would be from the textbook Criminal Law in Singapore and Malaysia. I am studying on my own so I guess I need some writing to make me understand better.

CULPABLE HOMICIDE AND MURDER

There are three types of homicide offences: -

~ murder (s. 300)

~ culpable homicide amounting to murder (s. 299)

~ culpable homicide not amounting to murder (s. 300)

Section 299 to 304 of the Penal Code dealt with culpable homicide and murder.

Section 299

Whoever 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.

Ingredients of S.299

1.With the Intention to causing death.

2.With the intention of causing such bodily injury as is likely to cause death.

3.With the knowledge that the offence likely by such act to cause death.

Section 299 defined Culpable Homicide in simple way. Culpable homicide are of two kinds:

I. Culpable homicide amounting to murder.

II. Culpable homicide not amounting to murder.

Culpable homicide is the Genus, and murder is the Species. All murder are culpable homicide but not vice-versa, it has be held in Nara Singh Challan v/s Sate of Orrisa (1997). Section 299 cannot be taken to be definition of culpable homicide not amounting to murder. It is to be noted here that culpable homicide not amounting to murder is not defined separately in IPC, it is defined as part of Murder in the section 300 of IPC.

Section 300

Except in the cases hereinafter excepted, culpable homicide is murder: -

(a) if the act by which the death is caused is done with the intention of causing death; or

(b) 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

(c) 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

(d) 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 acts without any excuse for incurring the risk of causing death or such injury as aforesaid

These 4 circumstances above are the circumstances when culpable homicide turn into murder.

Illustration

A, knows that Z is suffering such a disease that a blow is likely to cause his death, strike him with the intention of causing bodily injuries. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health.

But if A, knowing that Z is laboring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death.

A without any excuse fires loaded cannon into a crowd of person and kills one of them. A is guild of murder, although he may not have had a premeditated design to kill any particular individual.

In State of Rajashtan v/s Dhool Singh AIR 2004 SC 1264. SC held that – Culpable homicide becomes murder if the attacker cause an injury which he knows is likely to cause death and, of course, consequent to such injury the victim should die.

INTERESTING...

Dedicated to all would be soul mates and married couples

FINDING AND KEEPING A LIFE PARTNER

by Dov Heller, M.A.

When it comes to making the decision about choosing a life partner, no

one wants to make a mistake. Yet, with a divorce rate of close to 50%,

it appears that many are making serious mistakes in their approach to

finding Mr./Miss. Right!

If you ask most couples who are engaged why they're getting married,

they'll say: 'We're in love'; I believe this is the ..1 mistake people

make when they date. Choosing a life partner should never be based on

love. Though this may sound 'not politically correct', there's a

profound truth here.

Love is not the basis for getting married. Rather, love is the result of

a good marriage. When the other ingredients are right, then the love

will come. Let me say it again: 'You can't build a lifetime relationship

on love alone'; You need a lot more!!!

Here are five questions you must ask yourself if you're serious about

finding and keeping a life partner.

QUESTION ..1: Do we share a common life purpose?

Why is this so important? Let me put it this way: If you're married for

20 or 30 years, that's a long time to live with someone. What do you

plan to do with each other all that time? Travel, eat and jog together?

You need to share something deeper and more meaningful. You need a

common life purpose.

Two things can happen in a marriage: (1) You can grow together, or

(2)you can grow apart. 50% of the people out there are growing apart.

To make a marriage work, you need to know what you want out of life!

Bottom line; marry someone who wants the same thing.

QUESTION ..2: Do I feel safe expressing my feelings and thoughts with this person?

This question goes to the core of the quality of your relationship.

Feeling safe means you can communicate openly with this person. The

basis of having good communication is trust â€' i.e. trust that I won't

get 'punished'; or hurt for expressing my honest thoughts and feelings.

A colleague of mine defines an abusive person as someone with whom you

feel afraid to express your thoughts and feelings. Be honest with

yourself on this one. Make sure you feel emotionally safe with the

person you plan to marry.

QUESTION ..3: Is he/she a mensch?

A mensch is someone who is a refined and sensitive person. How can you

test? Here are some suggestions. Do they work on personal growth on a

regular basis? Are they serious about improving themselves? A teacher of

mine defines a good person as 'someone who is always striving to be good

and do the right ';. So ask about your significant other: What do they

do with their time? Is this person materialistic? Usually a

materialistic person is not someone whose top priority is character

refinement.

There are essentially two types of people in the world: (1) People who

are dedicated to personal growth and (2) people who are dedicated to

seeking comfort. Someone whose goal in life is to be comfortable will

put personal comfort ahead of doing the right thing. You need to know

that before walking down the aisle.

QUESTION ..4: How does he/she treat other people?

The one most important thing that makes any relationship work is the

ability to give. By giving, we mean the ability to give another person

pleasure.

Ask: Is this someone who enjoys giving pleasure to others or are they

wrapped up in themselves and selfâ€' absorbed?

To measure this, think about the following: How do they treat people

whom they do not have to be nice to, such as waiters, bus boys, taxi

drivers, etc.. How do they treat their parents and siblings? Do they

have gratitude and appreciation?

If they don't have gratitude for the people who have given them

everything; can you do nearly as much for them? You can be sure that

someone, who treats others poorly, will eventually treat you poorly as

well.

QUESTION ..5: Is there anything I'm hoping to change about this person after we're married?

Too many people make the mistake of marrying someone with the intention

of trying to 'improve'; them after they're married. As a colleague of

mine puts it: 'You can probably expect someone to change after marriage

for the worse' If you cannot fully accept this person the way they are

now, then you are not ready to marry them.

In conclusion, dating doesn't have to be difficult and treacherous.

The key is to try leading a little more with your head and less with

your heart. It pays to be as objective as possible when you are dating;

to be sure to ask questions that will help you get to the key issues.

Falling in love is a great feeling, but when you wake up with a ring on

your finger, you don't want to find yourself trouble because you didn't

do your homework.

Another perspective...

There are some people in your life that need to be loved from a

distance.. It's amazing what you can accomplish when you let go of or at

least minimize your time with draining, negative, incompatible,

notâ€'going anywhere relationships. Observe the relationships around you.

Pay attention...Which ones lift and which ones lean?

Which ones encourage and which ones discourage?

Which ones are on a path of growth uphill and which ones are going

downhill?

When you leave certain people do you feel better or feel worse?

Which ones dont appreciate you?

Which ones make you feel good, praises you, boosts you with loving and

caring words or annotations.

The more you seek quality, respect, growth, peace of mind, love and

truth around you...the easier it will become for you to decide who gets

to sit in the front row and who should be moved to the balcony of your

life.

An African proverb states, 'Before you get married, keep both eyes open,

and after you marry, close one eye'; Before you get involved and make a

commitment to someone, don't let lust, desperation, immaturity,

ignorance, pressure from others or a low selfâ€'esteem make you blind to

warning signs. Keep your eyes open, and don't fool yourself that you can

change someone or that what you see as faults aren't really that

important.

Do you bring out the best in each other?

Do you compliment and compromise with each other, or do you compete,

compare and control?

What do you bring to the relationship?

Do you bring past relationships, past hurt, past mistrust, past pain?

You can't take someone to the altar to alter them. You can't make

someone love you or make someone stay.

If you develop selfâ€'esteem, spiritual discernment, and 'a life'; you

won't find yourself making someone else responsible for your happiness

or responsible for your pain. Seeking status, sex, and security are the

wrong reasons to be in a relationship.

WHAT KEEPS A RELATIONSHIP STRONG IS:

1. TRUST

2. COMMUNICATION

3. INTIMACY

4. A SENSE OF HUMOR

5. SHARING TASKS

6. DAILY EXCHANGES (meal, shared activity, hug, call, touch, notes,

etc.)

7. SHARING COMMON GOALS AND INTERESTS

8. GIVING EACH OTHER SPACE TO GROW WITHOUT FEELING INSECURE

9.GIVING EACH OTHER A SENSE OF BELONGING AND ASSURANCES OF COMMITMENT

10. CONCERN AND CARE FOR YOUR LOVER IN YOUR OWN WAYS.

If these qualities are missing, the relationship will erode as

resentment withdrawal, abuse, neglect, and dishonesty; and pain will

replace.

Tips to share!

Little Secrets In Daily Life

1. Hot and spicy to tears, what to do?

If you accidentally eat the hot food that makes you shed tears, your first thought will be probably a glass of water. However, hot water is not a solution, it will make it more spicy. In fact, the best solution is to drink hot milk.

2. Keeping tofu firm

Soft tofu in the cooking process is very easy to break into pieces. If you want to maintain the integrity of tofu, you can soak it in salt water for about 30 minutes before cooking.

3. Soup is too salty

Making soup with too much salt, the subtle taste of the soup will be destroyed. If this happens, the remedy is to add cooked potato pieces for few minutes. The potato will absorb the salt. When soup id served, then remove the potatos.

4. Soak a little vinegar before cutting taros

Cutting taro can make your hands itching. Soaking your hands in vinegar before cutting taros will prevent your from itching.

5. How to remove the wax from an apple?

If you often eat apples with their skin, then you would need to remove the wax first before eating ....

(a) place the apple into hot water, the apple's wax will vanish.

(b) Apply toothpaste on the appple to clean out the wax.

6. How to slow down potato germination?

Potato buds contain toxic alkaloids which can cause abdominal pain and dizziness. Placing an apple in potatoes can significantly delay thier germination time. Ethylene gas produced by apple has hampered the effectiveness of potato development.

Putting apples together with papayas or kiwi will make them ripe faster. Further, apples can make persimmon astringency disappear but sweeten after a week.

7. How to make good rice?

After washing rice in water, add a few drops of lemon juice, (or a few drops of oil), cooked rice will turn out good and fragrant.

8. How to keep biscuits crispy?

When storing biscuits in a container, put a sugar cube in it at the same time. As the sugar absorbs the moisture in the container, biscuits or cookies can remain crispy and delicious.

9. What can be done if clothing stains with ink?

If ink gets on your clothing or fabric, you can use cooked rice or paste with a little detergent to remove the stain. Use your fingers to smear repeatly on the spot, stain can be removed quickly. Then soak it into fresh water with ordinary cleaning agent for a period of time before washing.

10. How to treat smelly shoes?

Put a small amount of baking soda directly into the boots, sneakers or shoes, that are obviously smelly due to dampness. Baking soda powder has the effect of absorbing moisture and odor.

11. Ring around the collar, or spotty under the armpit area of the clothing?

First brush some shampoo, shaving cream or lotion on the dirty area for five minutes. Then wash off the stain.

12. How to keep flower fresh?

Adding a little beer in the vase can keep house flowers fresh for an extended period of time. This is because beer contains alcohol whic is both antiseptic and disinfectant. Beer also contains sugar and other nutrients for the leaves.

13. How to sharpen scissors?

Stacked three aluminum foil together, then cut them with the scissors to be sharpen. You will see surprising result.

14. How to remove annoying gummed labels?

It is quite annoying when comes to remove the price tags on merchandise. To remove the gummed lables neatly, all you need is to use a hair dryer to apply heat on the label before taking them off.

15. What can you do with beer beside drinking?

Most peaple know milk is good in cleaning foliage plants. In fact, use leftover beer to wipe plants is even better! Dip a cotton ball into beer, lightly wipe leaves to remove dust and keep them lustery. Furthermore, this method also prevents ants from coming to the plant.

16. What to do with unwanted perfumes?

Before throwing them away, unwanted perfumes could be useful. You can use unwanted perfume to clean indoor light bulbs with cotton balls. When the bulbs light up and warm up, the whole room would be filled with the aroma.

17. Remove crayon graffiti from wooden furniture.

If you you kids at home, wooden furniture are subject to crayon graffiti. Crayon stains can not be removed with water. Although the use of paint solvents can do the job, the paint on the surface could be damaged. The most suitable method is to use toothpaste. Not only it cleans, it does no harm to the furniture.

18. Use vinegar to help mopping the kitchen floor.

The kitchen floor is often easy to get greasy. Before mopping the kitchen floor, pour some vinegar on the mop. This will enable easy remove of grease.

19. How to remove stains from tea cups?

Stained tea cups can affect their appearance. To clean up the stain with a man made loofah cloth the cups would have scraches in the long run. Just spread a little toothpaste and hand-wash the cups, stain can be removed easily. If the stain is too thick, wait a few minutes after applying toothpaste before washing.

20. Improved floor sweeping

The unused stockings can be attached to a broom to clean the floor. Stockings can help sweeping up cotton, hair and other particles that are difficult to sweep a an ordinary broom.