OFFENCES AGAINST THE BODY (299-311)

CH (Culpable Homicide) - Doesn’t know who to kill   

Murder- Knows who to kill

CH 299- Culpable Homicide (IK) Intent and knowledge necessary for the offence. [ Before any charge u/s 304 II, material on record must show prima facie of CH accused has done an act which likely to cause death.

I-> Injury likely to cause death. 

K-> Act will cause death. (IK)

300-> Murder where intention is there.

Positive Mental Attitude – Special Mens Rea

1.            Intention to cause death.

2.            Knows bodily Injury cause death.

3.            Intention of causing bodily injury in ordinary course causes death.

4.            Act imminent will probably cause death

Intention to cause Death- From facts and circumstances of each case particularly nature of weapon and how it was used.

Five exceptions of Sec 300, IPC then offence is CHNAM (Culpable Homicide Not Amounting to Murder)

1.     No self control. Deprived of self control under grave provocation
2.      GF exceeds RPD, power given by law.
3.     By Public servant.
4.      Sudden Fight 
5.      Risk of Death with his own consent. Above 18 yrs

S.no	CH is Murder	CH is CHNAM
1	Act which cause death or intention of bodily injury causing death.	Check Sec 299 first. Does it fulfill it? IK
2	Ordinary course of nature such act cause death	Operation of Sec 300 if negative Then CH is not amounting to Murder and Falls in 304 (1) , 304 (2)

When Culpable Homicide amounts to Murder- three stages:

1.       Stage One-The accused has done the act which caused the death

2.       Stage Two-Proof of such causal action b/w the act of accused and death is second stage to determine whether it is CH as per 299.

3.       Stage Three- If the answer of this question is prima facie is in affirmative, stage is reached for operation of Sec 300. Check whether the act falls

a.       within exception (five) of 300 or

b.       positive elements (4)  , if negative (4) then CHNAM {304(1) or 304(2)} depending upon the Explanations 2 and 3 given in sec 299

c.       If question is still found to be positive, but with exceptions (five), then CHNAM under 304 (1)

The second and third stages are so badly intertwined that they telescoped into each other and it would not be convenient to give separate treatment to 2^nd and 3rd stage. (AP vs. R Punnayya) (Morcha vs Rajasthan)

When CH doesn’t amount to Murder- Eg. Exception 4 to section 300

a.       Sudden fight

b.      Absence of pre-meditation

c.       No undue advantage or cruelty, but the occasion must be sudden and not as a cloak for pre-existing malice.

When the deceased was armed and did not cause any injury to the accused even following a sudden quarrel and the accused has inflicted fatal blows on the deceased, exception 4 is not attracted. 

Kikar Singh vs. Rajasthan

Sec 301- CH of causing death of other than the person intended. Same as of CH he knows. Theory of transferred Malice is applicable.

Sec 301 & Sec 100 of IPC- RPD killed someone else. It is still protected.

Sec 302- Punishment for Murder is Death, LI, Fine (C, NB, NC, Session). The trial depends on these following:

1.       Recovery of Body not essential for conviction of Murder.

2.       Appreciation of Evidence in Murder trial.

3.       Sentence-> 354 (3) LI is rule and Death sentence is exception. Reason for LI and special reasons for Death Sentence.

Sec 303 – Punishment for murder by Life Imprisonment convict is death. (C,NB, NC, Session)It is not mandatory anymore. Mithu vs Punjab by SC.

Sec 304 – CH NA to Murder. Culpable Homicide not amounting to Murder.

LI, 10yrs- Intention

10 yrs –Knowledge likely to cause death. (C,NB,NC,Session)

CH NAM- NO offence but just provides the punishment. If it falls under the exceptions cited by Sec 300. Then CH is NAM. Condition for Murder is :

1.       Death must have been caused.

a)      Intention to Kill

b)      Knowledge to Kill

304 (1)- Intention to cause bodily injury to cause death sudden and grave.

304 (2)- No intention but knowledge will cause death.

304 A- Death by rash or negligent Act bit not amounting to CH (2yrs , fine or both) (C,B,NC,1^st class). To attract this section, there should have no intention, and No knowledge.

304 B- Dowry Death  Within 7 yrs. Dowry same meaning as of Sec 2 of Dowry Prohibition Act, 1961 (LI, & yrs Imprisonment) (C,NB,NC, Session)

a)      Death within 7 yrs

b)      Soon before death treated to cruelty, Burden on party to disprove it.

Presumption u/s 113-B of prosecution able to establish circumstances set out in Sec 304-B

1.       Ingredients.

2.       Not retrospective

3.       Meaning of Dowry included.

305- Abetment of Suicide Child, or insane.[ Death , LI, 10 yrs]  (C,NB,NC, Session)

306- Abetment of Suicide [10 yrs, C,NB,NC, Session]In dowry cases it is attracted. It is decriminalized now. Note- 498A and 306 are independent and constitute different offense.

307 – Attempt to Murder. 10 yrs Hurt is caused (LI+10yrs)

        Attempt by life convict, If death

1.       Intention 2. Preparation 3. Attempt

308- Attempt to CH (3yrs, 7yrs if hurt) [C,NB,NC,Session]

309- Attempt to commit suicide. 1yr [C,B,NC,T] Now it is decriminalized.

310- Thug- Defn member of robbery or child stealing by means of an accompanied with murder

311- Punishment for thug . LI [C,NB,NC,Session]

 Pictorial Graph 

Section	Offence	Ingredients	Punishment	Category
299	Culpable Homicide CH	IK (Positive Mental Attitude,Injury, Bodily harm likely to cause death)
300	Murder	When Intention is there
301	CH of person other than intended.	Same as of CH
302	Punishment for Murder		Death,LI,fine	C,nb,nc,session
303	P for Murder by Life Convict		LI, Death (not mandatory)	C,nb,nc,session
304	CHNAM	Exceptions of 300 (5)		C,nb,nc,session
1	Self control, Goof Faith RPD	Intention to cause injury to cause sudden death or grave injury	LI, 10yrs
2	Public Servant, Sudden Fight, Consent Fight	No intention but knowledge will cause death	10yrs
A	Death due to negligent and rash act		2yrs	C,B,NC,Ist (1k)
B	Dowry Death 7yrs		7yrs, LI	C,nb,nc,session
305	Abetment	Child, Insane	Death, LI, 10 yrs	C,nb,nc,session
306	-do- Suicide	Suicide	10yr	C,nb,nc,session
307	Attempt to Murder	For life convicts – Death punishment	10yr,LI, 10 yr if hurt	C,nb,nc,session
308	-do- CH		3, 7yrs if hurt	C,nb,nc,session
309	-do- Suicide	(Decriminalized)	1yr	C,B,NC,T
310	Thug
311	P for Thug		LI	C,Nb, nc , session