OFFENCES RELATING LIFE
Offenses related to Life
- MURDER (Section – 300)
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CULPABLE HOMICIDE (Section – 299)
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WRONGFUL RESTTRAINT AND WRONGFUL CONFINEMENT (Section – 339 and Section – 340)
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CRIMINAL FORCE AND ASSAULT (Section – 350 and Section – 351)
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KIDNAPPING AND ABDUCTION (Section – 360, Section – 361 and Section – 362)
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SEXUAL OFFENCES
Murder
The word “murder” derived from the Germanic term “morth,” which means “Secret Killing.” Murder means when one person is killed by another person or a group of people having a pre-determined intention
to end the former’s life. An offense will not amount to “murder” unless it contains an act that falls under the definition of culpable homicide
as per the definition of Murder under IPC. All culpable homicides are not murders but all murders are homicides. An offenses cannot amount to murder unless it falls within the definition of culpable cases in which culpable homicide amounts
to murder. Section 300 of the Indian Penal Code reads as under:
Culpable Homicide is murder, except in the following cases: if the act causing death is done with the intention to cause death.
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If the offender intends to cause such bodily injury that is likely to result in the person’s death.
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If it is done with the intention of causing such 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-
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If the person committing the act knows that it is 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
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A shoots B with the intention of killing him. B dies in consequence. A commits murder.
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C, knowing that D is suffering from a disease in which a blow is likely to cause death of the victim . Then C strikes with intention to cause bodily injury to D . D dies in the consequence of the blow. Here C is guilty for murder, although the blow was not sufficient to cause death of the person in a sound state of health. But if C , was not knowing that D is suffering from disease and gives him a blow that will not make C guilty for murder as he was not happening the knowledge of the disease.
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S intentionally gives a sword cut or club – wound to T which was sufficient to cause death of T. Here T dies in the consequence. So, in this case S is guilty for the offense of crime, although he may not have intended to cause death of T.
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B without any excuse fires a loaded canon into a crowd of person earlier. Here B is guilty for the offense of murder, although he may not have planned earlier to kill any particular person in the crowd.