Culpable homicide not amounting to murder is a complex topic in criminal law that often confuses many due to its subtle distinctions from murder. In this article, we will dive into the details of this concept, as defined in the Bharatiya Nyaya Sanhita, 2023 (BNS), which has now replaced the Indian Penal Code, 1860 (IPC). We’ll explore the essential elements of culpable homicide, its legal implications, and how it is treated differently from murder.
Understanding these nuances is crucial as both culpable homicide and murder are among the most severe offenses against the human body, with significant legal consequences. The article aims to clarify these points through detailed explanations, illustrations, and case laws.
Essential Elements of a Crime
To comprehend any crime, it is essential to understand its fundamental elements. Generally, for a crime to be punishable, two primary components must be present: mens rea (a guilty mind) and actus reus (a guilty act). In the context of culpable homicide not amounting to murder, the act has already occurred, and the focus is on the mental state with which the crime was committed. This distinguishes it from murder, where the intention is more pronounced.
What is Culpable Homicide Not Amounting to Murder?
The term ‘homicide’ refers to the unlawful killing of a person by another. Adding ‘culpable’ implies a fault or blameworthiness in the act. Culpable homicide is a broader category that includes acts that may or may not be classified as murder.
Under the BNS, culpable homicide not amounting to murder is inferred from Sections 100 and 101, corresponding to Sections 299 and 300 of the IPC. Section 100 discusses culpable homicide, while Section 101 addresses murder, including exceptions that define culpable homicide not amounting to murder.
In essence, culpable homicide not amounting to murder refers to acts committed without the highest degree of intention or knowledge required for murder. The offense includes acts falling under the exceptions mentioned in Section 101 and those not meeting the murder criteria but covered under Section 100.
Culpability and Homicide Explained
What is Culpability?
Culpability refers to the mental state of an individual, determined by intention, knowledge, negligence, and recklessness behind an act. The term ‘culpable’ originates from the Latin word "culpe," meaning punishment. Only unlawful or culpable homicide is punishable.
What is Homicide?
Homicide, the act of killing another person, is the most severe crime one human can commit against another. Not all homicides are equally punishable; the punishment varies with the degree of culpability. Exceptions include acts by those of unsound mind or in self-defense, where criminal intent is absent.
Homicide can be lawful or unlawful. Lawful homicide is excusable and justified under the law, while unlawful homicide involves criminal intent or mens rea. Unlawful homicide includes culpable homicide not amounting to murder, murder, suicide, and death by rash or negligent acts.
Distinguishing Intention from Knowledge
Understanding the difference between intention and knowledge is crucial when examining the elements of culpable homicide not amounting to murder. These factors determine whether an offense falls under Section 100 or 101 of the BNS.
For culpable homicide, the accused may intend to cause death or serious bodily injury likely to cause death. Knowledge implies awareness that actions are likely to cause death. The distinction between murder and culpable homicide hinges on this difference.
Essential Ingredients of Culpable Homicide Not Amounting to Murder
The Supreme Court in the case of Richhpal Singh Meena vs. Ghasi @ Ghisa & Ors. (2014) outlined an inquiry process for cases involving death:
- Is it a homicide?
- Does it amount to culpable homicide?
- If culpable, is it murder or not?
- If not culpable, is it a case under Section 304-A (now Section 106 of the BNS)?
- If the perpetrator cannot be identified, Section 72 of the IPC (now Section 10 of the BNS) may apply.
Causation of Death
The term "death" in Section 2(6) of the BNS (Section 46 of the IPC) refers to the death of a human being, excluding an unborn child. The offense is complete once a person is killed. Death occurs when the brain is completely non-functional, as held in Aruna Ramchandra Shanbaug vs. Union of India & Ors. (2011).
By Doing an Act
Death must result from an act or omission, such as poisoning, striking, or drowning. Section 32 of the IPC (Section 3(4) of the BNS) includes illegal omissions in the definition of acts done. Death caused by an unlawful omission constitutes culpable homicide.
Mental Element of the Offender
Actus reus alone doesn’t constitute a crime; mens rea is equally vital. This mental element can be the intention or knowledge of the likelihood of causing death.
Intention of Causing Death
The intention under culpable homicide not amounting to murder is less pronounced than in murder. The Supreme Court in Satpal vs. State of Haryana (2021) highlighted that intention must be inferred from the accused’s actions and circumstances.
Intention of Causing Bodily Injury
This ingredient involves intending to cause bodily injury likely to result in death. The connection between the act and death must be direct, though not immediate.
Knowledge of the Likelihood of Causing Death
The degree of knowledge is lower than in murder. It need not be accompanied by intention, as in the case of giving a chokeslam with knowledge that it could cause death.
Exceptions to Murder Under Section 101 of the BNS
Acts falling under these exceptions are punishable as culpable homicide not amounting to murder. These exceptions include:
Grave and Sudden Provocation
Provocation, when grave and sudden, deprives self-control and leads to death. Illustrations help clarify this concept:
- Illustration 1: Anand’s provocation leads Mahesh to kill him.
- Illustration 2: Preeti kills Nimrit due to Sushant’s provocation.
- Illustration 3: Mohan kills Sohan, who was acting lawfully.
- Illustration 4: Kabir’s provocation is not sudden, leading to murder.
- Illustration 5: Bhushan’s provocation leads to killing Sandeep.
Private Defence
This exception involves exceeding the right of private defense in good faith, without premeditation, and without intent to cause excessive harm.
Exercise of Legal Powers
Public servants or those aiding them, acting in good faith and exceeding lawful powers, may fall under this exception.
Without Premeditation in a Sudden Fight
Sudden fights without premeditation, where the offender doesn’t take undue advantage, are covered here.
Consent
Death with consent from a person above 18 years is another exception. Consent must be free and voluntary.
Explanation Clauses Under Section 100 of the BNS
Section 100 provides explanations to clarify its provisions:
- Explanation 1: Accelerating death of an already diseased person is culpable homicide.
- Explanation 2: Death due to injury is culpable homicide, even if preventable by treatment.
- Explanation 3: Death of an unborn child is not culpable homicide.
Section 102 of the BNS
This section addresses culpable homicide where the intended victim is not the person killed. The act is treated as if it caused the intended person’s death.
Punishment for Culpable Homicide Not Amounting to Murder
Punishment for this offense, less severe than murder, is outlined in Section 105 of the BNS. It is divided into two parts:
Part 1 of Section 105
Acts intended to cause death or injury likely to cause death are punishable with life imprisonment or up to ten years, with a fine.
Case Laws
- Selvam vs. State of Tamil Nadu (2012): Use of blunt weapons inferred intent to cause injury likely to cause death.
- Laxman vs. State of Madhya Pradesh (2006): Arrow shooting without accuracy inferred intent to cause bodily injury.
Part 2 of Section 105
Acts done with knowledge of the likelihood of causing death, but without intent, are punishable by up to ten years, with a fine.
Case Laws
- Dharam Pal & Ors. vs. State of Uttar Pradesh (2008): No premeditation led to liability under Part 2.
- Tularam vs. State of Madhya Pradesh (2018): Quarrel led to unintended death, falling under Part 2.
Attempt to Commit Culpable Homicide Not Amounting to Murder
Section 110 of the BNS penalizes attempts to commit this offense. Punishment is up to three years, with a fine. If hurt is caused, the term extends to seven years.
Difference Between Culpable Homicide and Murder
Understanding the difference is crucial, with intention and knowledge as key differentiators. Murder involves a higher degree of both, while culpable homicide does not.
Recent Case Laws
Recent cases shed light on how courts interpret these provisions:
- Boya Badannagari Laxmanna vs. State (2022): Prosecution’s failure to prove presence led to acquittal.
- Dauvaram Nirmalkar vs. State of Chhattisgarh (2022): Provocation justified culpable homicide conviction.
- Ex. Ct. Mahadev vs. The Director General, BSF (2022): Right to private defense led to culpable homicide charge.
Conclusion
Culpable homicide not amounting to murder is a nuanced concept, distinct from murder due to its lesser degree of intention and knowledge. Understanding these differences is vital for legal practitioners and the public. The BNS clarifies these offenses, maintaining continuity with the IPC, while recent case laws provide practical insights into their application.
