Md.

shariful Hassan

Initiation:
Section 299 and Section 300 of the Penal Code deal with the offencing
culpable hoicide not aounting to urder and urder. !nder the Mohaedan s"ste
there were three #inds of punishent nael" relation$ defined punishent and
discretionar" punishent and the entire adinistration was entrusted to %a&i$ resulting in
the punishent and the entire otion of each %a&i. 'hen the (ritish assued power the
need for unifor criinal law was felt necessar" and the result of their labours is the
present Penal Code. )ffences affecting life are contained in section 299 to 3**. +he other
offences depending upon the in,ur" caused fall under section 3*2to 3-. of the Penal
Code.
'e shall be now considering regarding hoicide to e/plain 0er" clearl"
culpable hoicide and urder. +he tered hoicide is used to describe the #illing of a
huan being b" a huan being. Such a #illing a" be lawful or it a" be unlawful and
criinal. !nlawful hoicide includes urder$ anslaughter causing death b" dangerous
dri0ing$ #illing in pursuance of suicide pact and infanticide. Hoicide is the #illing of a
huan being b" a huan being .Hoicide a" be lawful or unlawful. 1awful hoicide
a" again be classified under the heads 2a3 e/cusable hoicide and 2b3 ,ustifiable
hoicide4 and unlawful hoicide a" be classified as 2*3culpable hoicide not
aounting to urder$223 urder 233 suicide and 253 hoicide b" rash and negligent acts
not culpable.
Culpable hoicide:
6ccording to the section 299of the Penal Code 7whoe0er cause death b"
doing an act with the intention of causing death or with the intention of causing such
bodil" in,ur" as is li#el" to cause death$ or with coits the offence of culpable
hoicide8
Illustration:

2a36 la"s stic#s and turf o0er a pit$ with the intention of thereb" causing
death or with the #nowledge that death is li#el" to be there b" caused. 9 belie0ing the
ground to be fir$ treads on it$ falls in and is #illed. 6 has coitted the offence of
culpable hoicide.
2b36 #nows 9 to be behind a bush. ( does not #now it 6$ intending to
cause or #nowing it to be li#el" to cause 9:s death$ induces b to fire at the bush .( fires
and #ills 9. here b a" be guilt" of no offence: but a has coitted the offence of
culpable hoicide.
2c36$ b" shooting at fowl with intent to #ill and steal it$ #ill and steal it $
#ills ( who is behind a bush4 6 not intent ending that he was there. Here$ although 6 was
doing an unlawful act$ he was not guilt" of culpable hoicide $as he did not intend to #ill
($ or to cause death b" doing an act that he #new was li#el" to cause death.
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Md.shariful Hassan


;/planation:
2*3 6 person who causes bodil" in,ur" to another$ who is labouring
under a disorder$ disease or bodil" infirit" and thereb" accelerates
the death of that other$ shall be deeed to ha0e caused his death.
223 'here death is caused b" bodil" in,ur"$ the person who caused such
bodil" in,ur" shall be deeed to ha0e caused the death although b"
resorting to proper reedies and s#ilful treatent the death ight
ha0e been pre0ented.
233 +he causing of the death of child in the others wob is not
hoicide. (ut it a" aount to culpable hoicide to cause the
death of li0ing child$ if an" part of that child has been brought forth
the child a" not ha0e breathed or been copletel" born.
Murder:
Sir ;dward Co#e refers that 7Murder is when a an of sound eor"$
and of the age of discretion$ unlawfull" #illeth with an" countr" of the real an"
reasonable creature in reru nature under the %ings peace with alice aforethought
either e/pressed b" the part" or iplied b" law$ so as the part" wounded or hurt etc die of
the wound etc within a "ear and a "ear after the sae8
So we can sa" that for the purpose of con0enience urder is the unlawful
of a huan being under the <ueens peace with alice aforethought.
6ccording to the section 300 7 ;/cept in the cases herein after e/cepted$
culpable hoicide is urder $if the act b" which the death is caused is done with the
intention of causing death$ or=

Secondl"= If it is done with the intention of causing such bodil" in,ur" as the
offender #nows to be li#el" to cause the of the person to who the caused or
+hirdl" > If the person coitting the act #nows that it is so iinentl"
dangerous that it ust$ in all probabilit"$ cause death or such bodil" in,ur" as is li#el" to
cause death and coits such act without an" e/cuse for incurring the ris# of causing or
such in,ur" as aforesaid.
2
Md.shariful Hassan

?istinction between Culpable hoicide and Murder:
Culpable hoicide is the genus of which urder is a species. In
order that an offence a" aount to urder it ust fall within in the abit of culpable
hoicide$ but an offence a" aount to culpable hoicide without aounting urder It
follows$ therefore$ that all urder are culpable hoicides $but all culpable hoicides are
not urders.
+he distinction between culpable hoicide and urder has 0er"
abl" and lucidl" been set forth b" Mel0ille @.in Aeg B. Co0inda case. In this case the
accused$ a "oung an of *D "ears was arried to a girl of *E. It appeared that he was
habituall" ill treating the girl. )n the fateful da" the accused #noc#ed his wife down$ put
one #nee on her chest and struc# her two or three 0iolent blows on the face with closed
fist$ producing e/tra0asations of blood on the brain and she died in conseFuence$ either
on the spot or 0er" shortl" afterwards. +he accused was held guilt" of offence of urder
b" the Session @udge .+he case cae up before a (ench of tow @udges of the (oba"
High court for confiration of the death sentence. 6s there was a di0ision of opinion
between the learned @udges constituting the (ench as to whether the fact constituted an
offence of urder$ or an offence of culpable hoicide not aounting to urder$ the case
was referred for opinion to a third @udge$ Mel0ille$ @.His lordship copared the pro0ision
of section 299 to 300 of Penal Code$ 0i&$ culpable hoicide and urder$ thus
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Md.shariful Hassan


Culpable Hoicide2sec2993

Murder2sec3003
*.6ctus Aeus 6 person coits culpable hoicide$ if
the act b" which the death is caused is
done.
Sub,ect to certain e/ceptions$ culpable
hoicide is urder$ if the act b" which death
is caused is done.
2.Mens Aea Intention:
2a3 'ith the intention of causing
death4
2b3 'ith the intention of causing
such bodil" in,ur" as is li#el"
to cause death4
Intention:
2*3 'ith the intention of
causing death4
223 'ith the intention of
causing such bodil" in,ur"
as the offender #nows to
be li#el" to cause the
death of the person to
who the har is caused4
233 'ith the intention of
causing of bodil" in,ur" to
an" person$ and the bodil"
in,ur" intended to be
inflicted is sufficient in
the ordinar" course of
nature to cause death:
%nowledge:
2c3 'ith the %nowledge that the
act li#el" to cause death.
%nowledge:
253 'ith #nowledge that the act is
so iediatel" dangerous that it ust in all
probabilit" cause death or such bodil" in,ur"
as is li#el" to cause death
3.Ingredients
Huan being$ unlawful #illing$ 'ith
obliFue intent to #ill or to grie0ous
bodil" har
Huan being$ unlawful #illing with direct
intent with alice aforethought to #ill or to
grie0ous bodil" har
5
Md.shariful Hassan

5.Punishent
!nder section 305
'hoe0er coits culpable
hoicide not aounting urder$ shall be
punished with iprisonent for life $ or
iprisonent of either description for
ter which a" e/tend to ten "ears and
shall also be liable to fine $ if the act b"
which the death is caused is done with the
intention of causing death or of causing
such bodil" in,ur" as is li#el" to cause
death4

)r with iprisonent of either
description for a ter which a" e/tend
to ten "ears or with fine both$ if the act is
done with the #nowledge that it is li#el"
to cause death$ but without an" intention
to cause death or to cause such bodil"
in,ur" as is li#el" to cause death.
!nder section 302:

'hoe0er coits urder shall be
punished with death or iprisonent for
life$ and shall also be liable to fine.
'hen Culpable Hoicide is not urder

+he following ;/ceptions to section 300 pro0ide for cases where culpable
is not urder=
;/ception*= Cra0e and Sudden pro0ocationG Culpable hoicide is not
urder if the offender $whilst depri0ed of the power of self control b" gra0e and sudden
pro0ocation causes the death of the person who ga0e the pro0ocation or cause the death
of an" other b" person b" ista#e or accident. +he abo0e e/ception is sub,ect to the
following pro0isos=

Hirst= +hat the pro0ocation is not sought or 0oluntaril" pro0o#ed b" offender
as an e/cuse for #illing or doing har to an" person
Second= +hat the pro0ocation is not gi0en b" an"thing done in obedience to
the lawful e/ercise of the right of pri0ate defiance.
+hirdl"= +hat the pro0ocation is not gi0en b" an" thing done in the lawful
e/ercise of the right of pri0ate defense
E
Md.shariful Hassan

;/planation=

'hether the pro0ocation was gra0e and sudden enough to pre0ent the
offence fro aounting to urder is a Fuestion of fact.
Illustration:
2a3 6. under the influence of passion e/cited b" a pro0ocation gi0en b" 9$
intentionall" #ills I$ 9:s child. +his is urder$ in as uch as the
pro0ocation was not gi0en b" the child and the death of the child was not
caused b" accident or isfortune in doing an act causing b" the
pro0ocation.
2b3 I gi0es gra0e and sudden pro0ocation to 6.6$ on this pro0ocation$ fires a
pistol at I neither intending nor #nowing hiself to be li#el" to #ill 9$
who is near hi$ but out of sight. 6 #ills 9. Here 6 has not coitted
urder$ (ut erel" culpable hoicide.
2c3 6 attepts to pull 9:s nose$ 9 in the e/ercise of the right of pri0ate
defence$ la"s hold of 6 to pre0ent hi fro doing so. 6 is o0ed to
sudden and 0iolent passion in conseFuence$ and #ills 9. +his is urder $in
as uch as the pro0ocation was gi0en b" a thing done in the e/ercise of
the right of pri0ate defence

;/ception2=;/ceedding the Aight of Pri0ate ?efence= Culpable
hoicide is not urder if the offender$ in the e/ercise in good faith of the right of pri0ate
defence of person or propert"$ e/ceeds the power gi0en to hi b" law and cause the death
of the person against who he is e/ercising such right of defence without preeditation
and without an" intention of doing ore har than is necessar" for the purpose of such
defence.
Illustration:s: attepts to horsewhip a$ not in such a anner as to cause
grie0ous hurt to 6. a$ draws out a pistol .9 person in the assault. 6 belie0ing in good faith
that he can b" no other eans pre0ent hiself fro being horsewhipped shoots 9 dead. 6
has not coitted urder$ but onl" culpable hoicide.
;/ception 3: Public Ser0ant ;/ceeding His Powers Culpable hoicide is
not a urder if the offender$ being a public ser0ant or aiding a public ser0ant acting for
the ad0anceent of public ,ustice$ e/ceeds the powers gi0en to hi b" law and cause
death b" doing an act which he in good faith belie0es to be lawful and necessar" for the
due discharge of his dut" as such public ser0ant and without ill= will towards the person
whose death is caused

;/ception 5 = Culpable hoicide is not a urder if it is coitted
without preeditation in a sudden fight in the heat of passion upon a sudden Fuarrel and
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Md.shariful Hassan

without the offender ha0ing ta#en under ad0antage or acted ion a cruel or unusual
anner.
;/planation: It is iaterial in such case which part" offers the
pro0ocation or coits the first assault.

;/ception E: ?eath caused with 0ictis consent= Culpable hoicide is
not urder when the person whose death is caused$ being abo0e the age eighteen "ears$
suffers death or ta#es the ris# the of death with his own consent.
Illustration: 6$ b" instigation$ 0oluntaril" causes$ 9 a person under
eighteen "ears of age to coit suicide. Here on account of 9:s "outh$ he was incapable
of gi0ing consent to his own death$ has therefore abetted urder.

Case leading:
'hen culpable Hoicide is not urder .+he first clause of section 300 is
ob0iousl" relatable to the first Jclause of section 299$ its second and third clause to the
second clause of section 299$ and it:s forth clause to the last clause of section 299. It is
also e0ident that sipl" b" reason of an offence being co0ered b" an" of the clause of
section 299 which would not doubt a#e it culpable hoicide $the offence will not be
urder unless ingredient on of the four clause of section 300 it would not be urder and
will reain culpable hoicide not aounting to urder.In 0iew of the opening words of
section 300 an o0ffence of culpable hoicide will also aount to urder if an" of the
fi0e e/ception entioned in the section be attracted to the facts of particular case.
K Mu#bul hossian 0s. +he StateL 2*9-0322 ?1A 2.9

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