IPC 300 Murder

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INDIAN PENAL CODE,1860

SECTION 300 MURDER

Under section 300 of Indian Penal Code,1860, except in the cases hereinafter excepted culpable homicide is murder, if the act by which death with the intention of causing death, or- Secondly-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 harm is caused or- Thirdly-if it is done with the intention of causing bodily injury to a person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death or- Fourthly-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.

Exception 1-Culpable homicide is not murder if the offender, deprived of the power of self control by grave and sudden provocation causes death of the person who gave provocation or causes death of other person by mistake or accident. The above mentioned exception is subject to following provisos- 1.That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or harming any person. 2.That the provocation is not given by anything done in obedience to law, or by a public servant in the lawful exercise of powers of such public servant. 3.That the provocation is not given by anything done in the lawful exercise of the right of private defence. Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.

Exception 2-Culpable homicide is not murder if the offender in 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.

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 power 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 duty as such public servant and without ill will towards the person whose death is caused.

Exception 4- Culpable homicide is not murder if the offender committed without premeditation in the 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.

Exception 5- Culpable homicide is not murder when the person whose death is caused being above eighteen years age, suffers death or takes the risk of death with his own consent.[1]

It is covered under CHAPTER XVI of INDIAN PENAL CODE,1860 which contains OFFENCES AFFECTING THE HUMAN BODY(OFFENCES AFFECTING LIFE)

CASE LAW

Supreme Court of India

Ashok Balu Mali vs State of Maharashtra on 26 August, 1994

The only question on which notice has been issued is in regard to the nature of offence. The judgement of High Court shows that the weapon in question was a dagger shaped knife. The evidence is that the accused and the deceased who were brothers had a quarrel. Their aunts(prosecution witness) pushed the deceased out of the house. According to the evidence of one of the aunts the stabbing took place when the deceased had already started repairing a puncture in his bicycle. It was contended before High Court that exception 4 to section 300,I.P.C would apply because a serious quarrel was on when the incident occurred. The High Court rejected that contention on the basis that if the accused was stabbed when he was actually repairing the puncture in his bicycle there was no fight at that time.

Returning to ground on the basis of which appeal is made and also the fact that the accused stabbed the deceased first in back and then again in the chest when he turned, we do not think that the exception to section 300 I.P.C would apply. Therefore, the appeal dismissed.indiankanoon.org/doc/1137733/


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