How to get away with MURDER

Generally, we all consider Murder as the gravest crime, a belief which is reinforced by movies and serials where every murderer ends up on the gallows.

However, many do not know that the offense of murder falls into various categories, though all of them are covered under the infamous section 302 of the IPC.

First-degree murder: An intentional killing, punishable by death or mandatory life in prison without parole. A life sentence is no longer mandatory for juveniles.

Second-degree murder: A killing committed during a grave physical offense, punishable for adults with mandatory life in prison. Notably, the charge can apply equally to accomplices who did not kill anybody themselves.

Third-degree murder: All other kinds of murder. Sentences are discretionary depending on the verdict of the Court.

Voluntary manslaughter: A killing without justification committed under sudden passion due to provocation by the person killed or the intended target. Unjustified killings in self-defense are also included.

Involuntary manslaughter: A killing that results from a reckless or grossly negligent act.

Murder: The word MURDER comes from the Germanic word morth, which literally means hidden slaying. A murder occurs when one person is slain by another or a group of people with the premeditated aim of ending the former’s life. A crime is not considered murder unless it contains an act that qualifies as culpable homicide

Culpable Homicide: Culpable means deserving condemnation or blame. Culpable homicide is defined as causing death by doing anything with the goal of causing death or inflicting physical damage that is likely to cause death, or knowing that he is likely to cause death by doing something like that.

It is classified into two types :

1. Culpable Homicide not amounting to Murder – This attracts IPC section 299.

The Indian penal code provides for exceptions/defences to a person charged with murder or any other offense relating to bodily harm. These exceptions inter alia are involuntary intoxication, insanity, self-defense, sudden provocation etc. Now, one might wonder as to what can be categorized under self-defense. The penal law in India provides to every individual governed by the laws in India a right to self-defence i.e. A right to defend oneself against any attack by another. However, what is of prime importance is that the force used in self-defense must be proportional to the intensity of the attack.

Illustrations:

i) A attacks B with a knife with the intention to kill him. B, while defending himself kills A to save himself. B has exercised the right to self-defense.

ii) A pushes B and slaps him several times. B hits back and injures A. B exercised the right to self defence.

iii) A pushes B and slaps him several times. B, while defending himself kills A. Although B exercised the right to self-defense, he inflicted an injury disproportional to the intensity of the attack inflicted by A. B will be charged with culpable homicide not amounting to murder.

Case study (1) The accused had knocked down his wife, kept a knee on her chest and gave two to three violent blows with a closed fist on her face. This act produced extraversion of blood on her brain and afterward, she died due to this. The act was not committed with the intention of causing death and the bodily injury was not sufficient to cause death in the ordinary course of nature. The accused was liable to culpable homicide not amounting to murder.

Case study (2) – The accused had beaten a girl to ward off the ill effects of ghosts on her. However she died as the result, and the accused was guilty of culpable homicide not amounting to murder.

Case study (3) – The deceased warned her son against going fishing with other children. The son got angry, brought an axe, and gave blows to her shoulder after which she died. The blows were in a fit of rage and were not pre-meditated. Therefore it was held to be a case of culpable homicide not amounting to murder.

2. Culpable Homicide amounting to Murder – This attracts IPC section 300.

This offense should contain the following ingredients:

· The act is committed with the intention to cause death

· The act is done with the intention of causing such bodily injury for which the offender has knowledge that it would result in death

· The person has the knowledge that his act is dangerous and would cause death or bodily injury but still commits the act, which would amount to murder.

Illustrations :

i) A shoots B with the intention of killing him. B dies as a consequence. A commits murder.

ii) C intentionally gives a sword cut to D that was sufficient to cause the death of anyone in the ordinary course of nature. As a consequence, D dies. C is guilty of murder though he didn’t intend to cause D’s death.

iii) E, knowing that F is laboring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. F dies as a consequence of the blow. E is guilty of murder.

All in all, it can be surmised that all killings do not attract a capital punishment of hanging until death