Section 300 IPC

300. Murder.— Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or—

2ndly.— 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—

3rdly.— 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—

4thly.— 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 act without any excuse for incurring the risk of causing death or such injury as aforesaid.

Illustrations

(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.

(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. 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, not knowing that Z is labouring 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.

(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z’s death.

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

Exception 1.— When culpable homicide is not murder.—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:—

• First.— That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.
• Secondly.— 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.
• Thirdly.— That the provocation is 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

(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z’s child. This is murder, inasmuch 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.

(b) 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.

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

(d) 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.

(e) 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, inasmuch as the provocation was giving by a thing done in the exercise of the right of private defence.

(f) 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 for 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 offender’s 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.

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.

Final Thoughts

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Introduction

Under Indian criminal law, all murders are culpable homicides, but not all culpable homicides are murders. Section 299 IPC defines culpable homicide, and Section 300 IPC explains when culpable homicide amounts to murder.

Section 300 is very important in understanding the difference between murder and culpable homicide not amounting to murder. This distinction is essential in deciding the level of punishment for the accused.

Definition of Murder Under Section 300 IPC

As per Section 300 IPC: Except in the cases hereinafter excepted, culpable homicide is murder if the act by which death is caused is done with any of the following intentions or knowledge:

• First Clause: Intention to cause death
  • If a person intentionally kills another person, then it is murder.
  • Example: A shoots Z with the intention to kill him. Z dies. This is murder.

• Second Clause: Intention to cause injury knowing it is likely to cause death
  • If the offender knows that the victim is in a weak condition (like serious illness) and still intentionally causes injury likely to cause death, it is murder.
  • Example: A knows Z is sick. A hits Z hard. Z dies due to his weak health. A is guilty of murder.

• Third Clause: Intention to cause injury which is sufficient to cause death in ordinary course of nature
  • If the injury is severe enough that it would normally cause death, it is murder.
  • Example: A gives Z a deep sword wound. Z dies. Even if A didn’t want to kill Z, the injury was enough to cause death, so it is murder.

• Fourth Clause: Knowledge of dangerous act likely to cause death and still doing it without excuse
  • If a person knowingly does something so dangerous that it is highly probable to cause death and still does it, it is murder.
  • Example: A fires a cannon into a crowd. Someone dies. Even if A didn’t plan to kill, he knowingly took the risk. It is murder.

Important Illustrations of Murder

• (a) A shoots Z with intent to kill → Murder
• (b) A hits sick Z knowing his condition → Murder
• (c) A gives fatal injury, sufficient to cause death in ordinary course → Murder
• (d) A fires into crowd without any excuse → Murder

Exceptions – When Culpable Homicide is NOT Murder

There are five exceptions in Section 300 IPC. If any of these apply, then culpable homicide is not murder, and punishment is less severe (Section 304 IPC).

Exception 1: Grave and sudden provocation

• If someone is suddenly provoked in a serious way and loses self-control and causes death, then it is not murder.
• Conditions:
  1. Provocation must not be self-invited.
  2. Provocation must not come from a public servant doing his duty.
  3. Provocation must not be in exercise of private defence.
• Examples:
  • A kills Z after Z insults him suddenly → If truly sudden and grave, it may be not murder.
  • A kills Z’s child due to Z’s provocation → Still murder, because child didn’t provoke.

Exception 2: Private defence exceeds limit

• If a person kills someone while defending himself or property, but uses more force than necessary, it is not murder (if done in good faith and without pre-planning).
• Example: Z tries to beat A. A, fearing serious harm, shoots Z. If A believed it was necessary for self-defence, it is not murder.

Exception 3: Public servant acting in good faith

• If a public servant kills someone while doing his lawful duty (even if excessive force used), and believes it was necessary, then it is not murder, as long as there is no ill-will.
• Example: Police officer using force during arrest in good faith.

Exception 4: Sudden fight, no pre-planning

• If the killing happens during a sudden fight or quarrel, without premeditation, in the heat of passion, and no cruelty is used, it is not murder.
• Important: It doesn’t matter who started the fight.

Exception 5: Consent of the person who dies

• If a person above 18 years voluntarily accepts the risk of death, and dies with his own consent, the offender is not guilty of murder.
• Example: If A helps Z to commit suicide after Z insists, and Z is an adult, it may be not murder (though abetment of suicide may still apply).

Important Case-Based Illustration

If A provokes B, and C takes advantage and gives weapon to B to kill → B may be guilty of culpable homicide, but C is guilty of murder.