THE INDIAN PENAL CODE, 1860
CONTENTS
CHAPTER XVI
1
OF OFFENCES AFFECTING THE HUMAN
BODY
OF OFFENCES AFFECTING LIFE
299. Culpable homicide
300. Murder When culpable homicide is not murder
301. Culpable homicide by causing death or person other than person whose death was intended
303. Punishment for murder by life-convict
304. Punishment for culpable homicide not amounting to murder
304A. Causing death by negligence
304B. Dowry death
305. Abetment of suicide of child or insane person
306. Abetment of suicide
307. Attempt to murder
308. Attempt to commit culpable homicide
309. Attempt to commit suicide
310. Thug
311. Punishment
CHAPTER XVI
1
OF OFFENCES
AFFECTING THE HUMAN BODY
Whoever causes death by doing 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 he is likely by such act to cause death, commits the offence of culpable homicide.
Illustrations
(a) A lays sticks and turf over a pit, with the intention of there by 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. A has committed the offence of culpable homicide.
(b) 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 fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.
(c) 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. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death.
Explanation 1—A person who
causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.
Explanation 2—Where death is
caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented.
Explanation 3—The causing of
the death of child in the mother’s womb is not homicide. But it may amount to
culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been
completely born.
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 heath, here A, although he may intend to cause bodily injury, is
not guilty of murder, if he d8id 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 connon 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 I—
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 provocations 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 provocations 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, in as much 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 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 form doing so. A is moved to sudden and violent passion in consequence, and
kills Z. This is murder, inasmuch as the provocation was given 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.
Exception2—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 or 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 offenders 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.
301. Culpable homicide by causing death of person other than person whose death was intended:-
If a person, by doing anything which he intends or knows
to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of
which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.
Whoever commits murder shall be punished with death, or 1[imprisonment
for life] and shall also be liable to fine.
1. Subs.by
Act 26 of 1955, sec. 117and sch. for “transportation for life”(w .e.
f.1.1.1956).
303. Punishment for murder by life convict:-whoever, being under sentence of 1 [imprisonment for life],commits murder, shall
be punished with death.
1.
Subs. by Act 26 of 1955, sec.117
and sch., for “transportation for life” (W.e.f.1-1-1956).
304. Punishment
for culpable homicide not amounting to murder: -
Whoever commits culpable
homicide not amounting to murder shall be punished with 1[imprisonment for life ],or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death,
1.
Subs. by Act 26 of 1955, sec.117
and sch., for “transportation for life” (W.e.f.1-1-1956).
Or with imprisonment of
either description for a term which may extend to ten years, or with fine, or
with both, if the act is done with the knowledge that it is likely to cause
death ,but without any intention to cause death, or to cause such bodily injury
as is likely to cause death.
1[304A. Causing death by negligence: -
Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.]
1.
Ins. by Act 27 of 1870, sec.12.
(1) Where
the death of a woman is caused by any burns or bodily injury or occurs
otherwise than under normal circumstances within seven years of her marriage and
it is shown that soon before her death she was subjected to cruelty or
harassment by her husband or any relative of her husband for, or in connection
with, any demand for dowry, such death shall be called “dowry death” and such
husband or relative shall be deemed to have caused her death.
Explanation:-For the purpose
of this sub-section, “dowry” shall have the same meaning as in section 2 of the
Dowry Prohibition Act, 1961 ( 28 of 1961).
(2) Whoever commits dowry death shall be
punished with imprisonment for a term which shall not be less than seven years
but which may extend to imprisonment for life.]
1.
Ins. by Act 43 of 1986, sec.10
(w.e.f.19-11-1986).
305. Abetment
of suicide of child or insane person: - If any person under eighteen years of age, any
insane person, any delirious person, any idiot, or any person in a state of
intoxication, commits suicide, whoever abets the commission of such suicide,
shall be punished with death or 1[
imprisonment for life], or imprisonment for a term not exceeding ten years, and shall also be liable to fine.
1.
Subs. by Act 26 of 1955, sec.117
and sch., for (transportation for life” (w.e.f. 1-1-1956).
306. Abetment
of suicide: - If any person commits suicide, whoever abets the commission of such suicide, shall
be punished with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
307. Attempt
to murder: - Whoever does any act with such intention or knowledge, and under such
circumstances that, if he by that act caused death, he would be guilty or
murder, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine, and is hurt is
caused to any person by such act, the offender shall be liable either to 1[imprisonment for life], or to such
punishment as is hereinbefore mentioned.
Attempts by life
convicts:- 2 when any person offending under this section is under sentence of 1[imprisonment for life] he may, if hurt is
caused, be punished with death].
Illustrations.
(a) A shoots at Z with intention to kill him,
under such circumstances that, if death ensued. A would be guilty of murder. A
is liable to punishment under this section.
(b) A, with the intention of causing the death
of a child of tender years, exposes it is a desert place. A has committed the
offence defined by this section, though the death of the child does not ensure.
(c) A, intending to murder Z, buys a gun and
loads it. A has not yet committed the offence. A fires the gun at Z. He has
committed the offence defined in this section, and if by such firing he wounds
Z, he is liable to the punishment provided by the latter part of 3[the first paragraph of ] this section.
(d) A, intending to murder Z by poison, purchases
poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined
in this section. A places the food on Z’ s table or delivers it to Z’s servant
to place it on Z’s table. A has committed the offence defined in this section.
1. Subs. by Act 26 of 1955, sec.
117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Ins.
by Act 27 of 1870, sec. 11.
3. Ins. By Act 12 of 1891, sec. 2 and Sch. II.
308. Attempt
to commit culpable homicide: - Whoever does any Act with such intention or
knowledge and under such circumstances that, if he by that Act caused death, he
would be guilty of culpable homicide not amount to murder, shall be punished
with imprisonment of either description for a term which may extend to three
years, or with fine, or with both, and if hurt is caused to any person by such
Act, shall be punished with imprisonment of either description for a term which
may extend to seven years, or with fine, or with both.
Illustration
A, on grave and sudden
provocation, fires a pistol at Z, under such circumstances that if he thereby
caused death he would be guilty of culpable homicide not amounting to murder. A
has committed the offence defined in this section.
309. Attempt
to commit suicide:- whoever attempts to commit suicide and does any act towards the
commission of such offence, shall be punished with simple imprisonment for term
which may extend to one year 1[
or with fine, or with both].
1. Subs. by Act 8 of 1882,
sec.7, for “and shall also be liable to fine”.
310. Thug:
- Whoever,
at any time after the passing of this act, shall have been habitually
associated with any other or others for the purpose of committing robbery or
child-stealing by means of or accompanied with murder, is a thug.
311. Punishment:
- whoever
is thug, shall be punished with 1[imprisonment
for life] and shall also be liable to fine.
1. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).
