Punishment for Culpable Homicide not Amounting to Murder - Section 304

Chapter XVI of the Indian Penal Code deals with Offences Affecting the Human Body. It includes Culpable Homicide, Murder, Culpable homicide causing the death of a person other than the person whose death was intended, Causing death by negligence, Punishment for culpable homicide not amounting to murder, Abetment of suicide, Dowry death, etc. this chapter contains Section 299 to 377. This blog deals with Section 304 of IPC.

To understand this Section we need to first explain Culpable Homicide and Murder. As per Section 299 Whoever causes the death of a person by doing any act with the intention of causing death, or with intention of causing bodily harm which will cause death, or with the knowledge that it is likely by such act to cause death has committed the offence of Culpable Homicide. For eg. X knows that Y is behind the bush. A doesn't know this. X intends to cause Y’s death, which induces A to fire at the bush. A fires and kills Y. Here A is not guilty of any offence, but X has committed an offence of Culpable Homicide.  

As per Section 300 Culpable Homicide amounts to Murder when:

1. The act is done with the intention of causing death and death is caused, or

2. It is done with the intention of causing such bodily injury that the offender knows will cause death to the person who is harmed, or

3. If it is done with the intention of causing bodily injury to any person which is sufficient in the ordinary course of nature to cause death, or

4. The person committing the act knows that it is dangerous and in all probability will cause death or bodily injury as is likely to cause death, and commits such act and taking risk of causing death or such injury as aforesaid.  

Section 304 classifies the offence into two circumstances such as:

1. Culpable Homicide not amounting to murder, if the act by which the death is caused is done with the intention of causing death

2. If the act is done with the knowledge that is likely to cause death, but without any intention to cause death 

When Culpable Homicide is not Murder:

Culpable Homicide is not murder, if the offender loses his self-control by the grave and sudden provocation, and causes the death of a person who provoked him or any other person 

1. That provocation should not be voluntarily provoked by the offender as an excuse for killing or harming any person.

2. That 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 a public servant.

3. That provocation is not given by anything done in the lawful exercise of the right of private defence.

For eg. Y gives sudden and grave provocation to A. A on this provocation, fires a pistol at Y, who never intended to kill Z, who was near him, but out of sight A kills Z. Here has not committed murder, but a merely culpable homicide.

Essentials of Section 304 IPC

1. The element of intention is mandatory. Intention means that there should be an expectation of consequences in question. It doesn't involve premeditation or thinking about killing a person beforehand. If a person performing some act either expect death to be the consequences, or expects a dangerous bodily injury likely to cause death, or knows that death is likely to consequence thereof and in each case, death ensues. From the first two instances, the intention of a person is known and from the last instance, the knowledge of death is known to the person.

2. The element of knowledge is mandatory in this case for applicability of Section 304 IPC. Knowledge is a strong word and it imports certainty and not merely probability. The nature and number of injuries as well as their location and the weapon used lead to conclude that to a reasonable person, an attack of the nature launched by the appellant on the victim could cause his death. It would also be difficult to delve into the mind of attacker to decode his intention or knowledge for the consequences of his actions can certainly be attributed to him.