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Section 299 of the Indian Penal code talks about culpable homicide and
section 300 of IPC deals with murder. There is a faint line difference
between both of them. This frequently causes problem to advocates, legal
practitioners that where to lie the case, because of the minor difference.
Difference Between Section 299 and 300 of IPC
Culpable homicide is a genus and murder its specie. "All murders are
culpable homicide, but all culpable homicides are not murder."
According to Section 299 of the India Penal Code, culpable homicide
means the unlawful killing of a human being, and this killing becomes
murder when the act firstly fulfills all the conditions of section 299 and
then section 300.
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Categorization In Culpable Homicide
We can divide culpable homicide into two parts:
(1) Culpable Homicide Amounting to Murder (CHAM) - The act which
fulfills the conditions of section 299 and then 1st part of section 300.
(2) Culpable Homicide Not Amounting to Murder (CHNM) - The act
which fulfills the conditions of section 299 but it either does not fulfill the
conditions laid down in section 300 or lies in exceptions to section 300,
that is the second part (if an act comes under exceptions of 300 then the act
of murder becomes culpable homicide).
Comparison Between Section 299 and Section 300, IPC
Now, let us compare both the sections and see when does culpable
homicide amounts to murder.
(1) First Point of Difference
The phrase "an act with the intention of causing death" has been used in
section 299 and 300
both. Then where is the difference?
Sometimes an intentional act that causes death will not amount to murder
because it falls under the five exceptions provided in section 300, that's
culpable homicide not amounting to murder.
So, if an intentional act which fulfills the condition of section 299, but it
goes to the second part of section 300(exceptions), then that act does not
amount to murder.
(2) Second Point of Difference
Whoever causes death by performing an act with the intention of causing
such bodily injury as
is likely to cause death.
Comparing this part of 299 with 300, that is, if the act is done with the
intention of causing such bodily injury where the offender knows that it is
likely to cause death of the person to whom the harm is caused. Or,
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If the act is done with the intention of causing such bodily injury to any
person and where the bodily injury intended to be inflicted is sufficient in
the ordinary course of nature to cause death.
Bodily Injury + Intention + Knowledge = CHAM
Here, for this part, we can clearly see that an act, when done with intention
but not with knowledge, will not amount to murder, and it will be culpable
homicide not amounting to murder.
Bodily Injury + Intention = CHNM
But even if there is an absence of knowledge and the bodily injury
intended to be inflicted, in the ordinary course of nature is sufficient, it will
amount to murder.
Bodily injury that is sufficient in the ordinary course of nature to
cause death + Intention = CHAM
(3) Third Point of Difference
If a person causes death by doing an act with the knowledge that he is
likely by such act to
cause death.
This is the last condition laid down in 299.
So if we raise the degree a bit higher, then the act will fall under 300.
If the person committing the act has the knowledge that it is so imminently
dangerous that it will in all probability, cause death or such bodily injury
as is likely to cause death, and thereby he commits such act without any
excuse for incurring the risk of causing death or such injury as aforesaid,
amounts to murder.
Knowledge is in both the cases, but the degree makes the difference.
Example: I had a knowledge that if I give very tight two-three slaps to an
old person who is very weak, he may die due to nervous shock. And if he
dies, it will be culpable homicide not amounting to murder.
But what if I start beating him so severely that blood starts coming out.
Knowing that the man is so weak that he will not be able to bear the pain
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even for a second. And if he dies, it will be culpable homicide amounting
to murder.
Punishment Under Section 299 and 300 of IPC
The punishment for Culpable homicide amounting to murder is under
section 302. Whereas for culpable homicide not amounting to murder
under section 304.
When an Act Becomes Murder
So to conclude, we can say that an act becomes murder only when first of
all, it is culpable homicide and complies with conditions under section
299, and then it fits in section 300 too.
The intensity and degree of murder are much more higher. Like hitting
someone with bat or stick and hitting someone with a sword is totally
different.
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