Indian Penal Code | Section 302 & 304 | Murder | Culpable Homicide | Mr.Vaathi

Hi, The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of the first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas Babington Macaulay. The Indian Penal Code of 1860, subdivided into 23 chapters, comprises 511 sections. The Code starts with an introduction, provides explanations and exceptions used in it, and covers a wide range of offences In this video, I have covered and discussed Chapter 16 - OF OFFENCES AFFECTING THE HUMAN BODY. This chapter covers sections and punishment regarding murder, homicide, kidnapping, abduction, dowry death and suicide. Section 300 discuss murder with intention under 4 circumstances. Section 300 with 5 exceptions comes under Culpable homicide or innocent murder, but not murder. SECTION 300 - MURDER : —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. ⚫ SECTION 300 (UNDER EXCEPTION) - CULPABLE HOMICIDE BUT NOT MURDER : Exception 1.—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. Exception 2.—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. 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 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 offender 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 the age of eighteen years, suffers death or takes the risk of death with his own consent. ⚫ PUNISHMENT FOR MURDER : 302. Punishment for murder.—Whoever commits murder shall be punished with death or 1 [imprisonment for life], and shall also be liable to fine. 303. Punishment for murder by life-convict.—Whoever, being under sentence of 1 [imprisonment for life], commits murder, shall be punished with death. ⚫ PUNISHMENT FOR CULPABLE HOMICIDE, BUT NOT MURDER : 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; 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. ⚫ 304A. 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 Follow me @ Instagram :   / karthickkrish16   Follow me @ Facebook :   / karthick.krish.12