CULPABLE HOMICIDE AMOUNTING TO MURDER AND CULPABLE

HOMICIDE NOT AMOUNTING TO MURDER: A CRITICAL STUDY

PROPOSAL MADE BY: PRABHAT KUMAR

ROLL NO: 1746

PROPOSAL SUBMITTED TO: Dr. Fr. P.LADIS F

RESEARCH PROPOSAL SUBMITTED IN PARTIAL

FULFILLMENT FOR THE COURSE CRIMINAL LAW-I FOR
ATTAINING THE DEGREE B. A. LLB (HONS.)

20 august 2018
th

Chanakya national law university, nyaya nagar,

mithapur, patna, 800001
Introduction
The word 'homicide' came from the Latin terms, meaning killing of a human being by a human
being is homicide. Homicide from the earliest times has fascinated the human mind and has
always been considered as most heinous of offences. The word homicide has been derived from
the latin word ‘homo’ which means a man, and ‘caedere’ which means to cut or kill. Thus,
homicide means the killing of a human being, by a human being. But then, not all cases of
homicide are culpable as all systems of law do distinguish between lawful and unlawful
homicide For instance, killing in self defence or in pursuance of a lawful authority or by reason
of mistake or fact, is not culpable. Likewise, if death is caused by accident or misfortune, or
while doing an act in good faith and without any criminal intention for the benefit of the person
killed, the man is excused from criminal responsibility for homicide.

Further in some cases the accused may be punished for lesser offences (for e.g. hurt) even though
death has resulted, if the injury resulting in death though voluntarily caused was not likely to
cause death . For example, A gives B a blow and B, who suffers from an enlarged spleen of
which A was not aware, dies as a result. A is not guilty of Culpable Homicide as his intention
was merely to cause an injury that was not likely to cause death.

It is in connection with with homicide that the maxim ‘actus non facit reum nisi mens sit rea’ has
been frequently cited as stating the two fundamental requirements of criminal liability.

Culpable homicide can either indicate whether or not the killing of a human being involved
malice aforethought on the part of the defendant. Malice aforethought exists when an individual
acts with:

 The intent to kill,

 The intent to cause serious bodily harm, or

 Reckless disregard of human life so that the person is considered to act with a depraved
heart.

The culpable homicide could be done with the intent to commit the action that lead to the death,
but this intent may not meet the legal definition of murder. If it does count as culpable homicide
but does not qualify as murder, the homicide may be deemed to be manslaughter.
Objective
1. To understand

1.1 The meaning of culpable homicide.

1.2 Situations when culpable homicide amounts to murder.

1.3 Situations when culpable homicide doesn’t amount to murder.

2. To study the concept of culpable homicides in different countries.

Hypotheses
1. Every incident of man slaughter, done intentionally amounts to murder.
2. Incidents of man slaughter done unintentionally don’t amount to murder.

Research methodology
The researcher will be relying on doctrinal method of research for completion of the project.

Sources of data
1. Primary source
i. Indian Penal Code
2. Secondary sources
i. KD Gaur ‘The Indian Penal Code , 8th edition, LexisNexis publication
ii. Prof. T Bhattacharyya ,The Indian Penal Code, 5th edition

Limitation
The researcher has to complete his project within a limited time period of not more than a month,

with other limitations like lack of financial support ,and language related problems.

Tentative chapterisation
1. Culpable homicide : section 299 of the IPC,
2. Culpable homicide amounting to murder : section 299 & 300 of the IPC
3. Exceptions to section 300 of the IPC : culpable homicide not amounting to murder.
4. Relevant case laws
5. conclusion