Section 299 IPC (Culpable Homicide) VS Section 300 IPC (Murder)
I. SECTION 299 – CULPABLE HOMICIDE
Definition: Culpable Homicide is defined under Section 299 of the Indian Penal Code (IPC). It refers to causing death by 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 the act is likely to cause death.
Essential Elements of Section 299 (Culpable Homicide):
To apply Section 299, the following elements must be present:
- There must be death of a person.
- There must be an act (actus reus) that caused the death.
- The act must have been done:
- With intention to cause death, or
- With intention to cause such bodily injury likely to cause death, or
- With knowledge that such act is likely to cause death.
Examples:
- Example 1: A digs a pit and covers it with grass. B falls into it and dies. A knew someone might fall and die → Culpable Homicide.
- Example 2: A asks B to shoot into bushes, knowing Z is hiding there. Z dies → Culpable Homicide by A.
- Example 3: A shoots at a bird, but the bullet hits someone hiding and kills them. A didn’t know the person was there → Not culpable homicide.
II. SECTION 300 – MURDER
Definition: Murder is a type of culpable homicide, but it is the aggravated form of it. A culpable homicide becomes murder if it falls under any of the following clauses:
- 1st Clause: Act done with the intention of causing death,
- 2nd Clause: Act done with the intention of causing such bodily injury that the offender knows is likely to cause death,
- 3rd Clause: Act done with the intention of causing bodily injury that is sufficient in the ordinary course of nature to cause death,
- 4th Clause: Knowledge that the act is so imminently dangerous that it must, in all probability, cause death, and is done without any justification or excuse.
Essential Elements of Section 300 (Murder):
- Culpable homicide must be established first.
- Then it must fall under any one of the four clauses mentioned above.
- Absence of exceptions listed under Section 300.
Exceptions (When culpable homicide is not murder):
- Exception 1: Sudden and grave provocation.
- Exception 2: Exceeding right of private defence.
Examples:
- A shoots B with a gun with the intention to kill. B dies → Murder
- A knows Z is very sick and weak. He gives Z a slap which causes death → If A knew the condition → Murder
- A stabs someone in the heart – a place where death is certain → Murder, even if A says “I didn’t want to kill”
- A throws a bomb into a crowded place → even if he didn’t want to kill anyone in particular, he knew it could kill → Murder
- A stabs Z knowing Z has a disease that makes even a small wound fatal → Murder, due to special knowledge.
- A fires into a crowd without excuse → Murder under Clause 4.
III. KEY DIFFERENCES BETWEEN SECTION 299 & 300
| Aspect | Section 299 (Culpable Homicide) | Section 300 (Murder) |
|---|---|---|
| Severity | Less severe | More severe |
| Type of offence | Broad category – includes both murder and not murder cases | Subset of culpable homicide |
| Intention/Knowledge | Intention or knowledge that death is likely | Intention/knowledge that death is certain or highly probable |
| Injury test | Injury likely to cause death | Injury sufficient in ordinary course to cause death |
| Probability of death | Death is a likely consequence | Death is a definite or highly probable consequence |
| Presence of Exceptions | No exceptions mentioned | Murder may be reduced to culpable homicide due to exceptions |
| Punishment | Section 304 IPC: Life or up to 10 years | Section 302 IPC: Death or life imprisonment |