Offences Against Human Life: Homicide means killing of a human being by another human being. i) Culpable homicide not amounting …
Offences Against Human Life:
Homicide means killing of
a human being by another human being.
a human being by another human being.
i) Culpable homicide not
amounting to murder
amounting to murder
ii) Murder
iii) Rash/Negligent homicide
iv) Attempt to commit suicide
1.
MURDER
MURDER
Culpable
homicide is murder:
homicide is murder:
If the act by which
the death is caused is done with the intention of causing-
the death is caused is done with the intention of causing-
a. Death
b. Such bodily injury-
As the offender knows to be likely to cause the
death of the person to whom the harm is caused
death of the person to whom the harm is caused
Or
Is sufficient, in the ordinary course of nature, to
cause death,
cause death,
Or
If the offender knows that the act by which the
death is caused is so imminently dangerous that it must, in all probability,
cause death.
death is caused is so imminently dangerous that it must, in all probability,
cause death.
Culpable homicide is not murder in the following cases
[Exceptions to Sec. 300]
Exception 1: Culpable
homicide is not murder, if the offender, causes the death of the person who
gave grave and sudden
provocation to the offender.
homicide is not murder, if the offender, causes the death of the person who
gave grave and sudden
provocation to the offender.
Example: B gives grave and sudden
provocation to A, A, on this provocation, fires a pistol at B, neither
intending nor knowing himself to be likely to kill Z, a passerby. A kills Z.
Here, A has not committed murder, but merely culpable homicide not amounting to
murder.
provocation to A, A, on this provocation, fires a pistol at B, neither
intending nor knowing himself to be likely to kill Z, a passerby. A kills Z.
Here, A has not committed murder, but merely culpable homicide not amounting to
murder.
Exception 2: Culpable
homicide is not murder, if the offender, in the exercise in good faith of
right of private defence, exceeds the
legal limit and causes the death of the person without an pre-meditation and
without any intention of doing more harm than necessary.
homicide is not murder, if the offender, in the exercise in good faith of
right of private defence, exceeds the
legal limit and causes the death of the person without an pre-meditation and
without any intention of doing more harm than necessary.
Example: A, suspecting house-breaking,
saw B, total stranger, coming out of A’s house at night through a hole
apparently made by B. A immediately attacked B and killed him. The Court held
that A was guilty of culpable homicide not amounting to murder.
saw B, total stranger, coming out of A’s house at night through a hole
apparently made by B. A immediately attacked B and killed him. The Court held
that A was guilty of culpable homicide not amounting to murder.
Exception 3: Culpable
homicide is not murder, if the offender, a public servant, exceeds his legal
powers and causes death, by an act, which he believed was
in good faith, lawful and necessary to discharge his duty and without ill-will
towards the person killed.
homicide is not murder, if the offender, a public servant, exceeds his legal
powers and causes death, by an act, which he believed was
in good faith, lawful and necessary to discharge his duty and without ill-will
towards the person killed.
Exception 4: Culpable
homicide is not murder, if the victim consents to his/her death being caused.
homicide is not murder, if the victim consents to his/her death being caused.
Example: A patient in the last stage
of cancer, suffering from excruciating pain requests her husband to remove the
life support. (This is passive euthanasia)
of cancer, suffering from excruciating pain requests her husband to remove the
life support. (This is passive euthanasia)
Euthanasia is the practice of intentionally ending a life in order to relieve pain
and suffering.
and suffering.
Passive euthanasia entails the withholding of common treatments, such as antibiotics,
necessary for the continuance of life
necessary for the continuance of life
Active euthanasia entails the use of lethal substances or forces, such as administering a
lethal injection, to kill and is the most controversial means.
lethal injection, to kill and is the most controversial means.
ONLY PASSIVE EUTHANASIA IS LEGAL IN INDIA
1.
CAUSING DEATH BY RASH /NEGLIGENT ACT
CAUSING DEATH BY RASH /NEGLIGENT ACT
1. In the case, death of a person is caused by doing any rash or
negligent act, not amounting to culpable homicide.
negligent act, not amounting to culpable homicide.
2. It is punishable with two years’ imprisonment and fine.
3. The provisions of this section apply to cases where there is no
intention to cause death and no knowledge that the act done, in all likelihood,
would cause death.
intention to cause death and no knowledge that the act done, in all likelihood,
would cause death.
Practice exercise:
1.
What does homicide mean?
What does homicide mean?
A.
Killing of animals
Killing of animals
B.
Suicide
Suicide
C.
Killing a human being by another human being
Killing a human being by another human being
D.
All of the above
All of the above
Ans:
C
C
2.
Culpable homicide is murder if the act by which the death is caused is done
with the intention of causing
Culpable homicide is murder if the act by which the death is caused is done
with the intention of causing
A.
Death
Death
B.
Bodily injury likely to cause death or is sufficient, in the ordinary course of
nature, to cause death.
Bodily injury likely to cause death or is sufficient, in the ordinary course of
nature, to cause death.
C.
An act by which the death is caused is so imminently dangerous that it must, in
all probability, cause death
An act by which the death is caused is so imminently dangerous that it must, in
all probability, cause death
D.
All of the above
All of the above
Ans:
D
D
3.
B gives grave and sudden provocation to A, A, on this provocation, fires a
pistol at B, neither intending nor knowing himself to be likely to kill Z, a
passerby. A kills Z. Will A be liable for culpable homicide amounting to
murder?
B gives grave and sudden provocation to A, A, on this provocation, fires a
pistol at B, neither intending nor knowing himself to be likely to kill Z, a
passerby. A kills Z. Will A be liable for culpable homicide amounting to
murder?
A.
Yes
Yes
B.
No
No
Ans:
B
B
4.
A, suspecting house-breaking, saw B, total stranger, coming out of A’s house at
night through a hole apparently made by B. A immediately attacked B and killed
him. Will A be liable for culpable homicide not amounting to murder?
A, suspecting house-breaking, saw B, total stranger, coming out of A’s house at
night through a hole apparently made by B. A immediately attacked B and killed
him. Will A be liable for culpable homicide not amounting to murder?
A.
Yes
Yes
B.
No
No
C.
Maybe
Maybe
Ans:
A
A
5.
A patient in the last stage of cancer, suffering from excruciating pain
requests her husband to remove the life support. Will this be murder?
A patient in the last stage of cancer, suffering from excruciating pain
requests her husband to remove the life support. Will this be murder?
A.
Yes
Yes
B.
No
No
Ans:
B
B
6.
A lays sticks and turf over a pit, with the intention of thereby causing death,
or with the knowledge that death is likely to be thereby caused. Z believing
the ground to be firm, treads on it, falls in and is killed. Has A committed
the offence of culpable homicide?
A lays sticks and turf over a pit, with the intention of thereby causing death,
or with the knowledge that death is likely to be thereby caused. Z believing
the ground to be firm, treads on it, falls in and is killed. Has A committed
the offence of culpable homicide?
A.
Yes
Yes
B.
No
No
Ans:
A
A
7.
A knows Z to be behind a bush. B does not know it. A, intending to cause, or
knowing it to be likely to cause Z’s death, induces B to fire at the bush. B
fires and kills Z. Has A committed the offence of culpable homicide?
A knows Z to be behind a bush. B does not know it. A, intending to cause, or
knowing it to be likely to cause Z’s death, induces B to fire at the bush. B
fires and kills Z. Has A committed the offence of culpable homicide?
A.
Yes
Yes
B.
No
No
Ans:
A
A
8.
A, by shooting at a fowl with intent to kill and steal it, kills B who is
behind a bush; A not knowing that he was there. Will A be held liable in this
case?
A, by shooting at a fowl with intent to kill and steal it, kills B who is
behind a bush; A not knowing that he was there. Will A be held liable in this
case?
A.
Yes
Yes
B.
No
No
Ans:
B
B
9.
A workman throws snow from a roof giving proper warning. A passerby is killed.
The workman is—
A workman throws snow from a roof giving proper warning. A passerby is killed.
The workman is—
(A)
Guilty of murder
Guilty of murder
(B)
Guilty of culpable homicide not amounting to murder
Guilty of culpable homicide not amounting to murder
(C)
Guilty of causing death by negligence
Guilty of causing death by negligence
(D)
Not guilty since death was accidental
Not guilty since death was accidental
Ans:
D
D
10.
‘A’ is cutting the wood with an axe at a place where children are playing. The
axe flies off and kills a nearby child. ‘A’ is liable for—
‘A’ is cutting the wood with an axe at a place where children are playing. The
axe flies off and kills a nearby child. ‘A’ is liable for—
(A)
No offence
No offence
(B)
Murder
Murder
(C)
Culpable homicide
Culpable homicide
(D)
Causing death by negligence
Causing death by negligence
Ans:
D
D
