Culpable Homicide not amounting to murder

Subject: Criminal Law-1

Submitted to: Mr. Mukul Raizada

Submitted by: Naman Mohnot

Roll no - 48 BA LLB 2011

Class: I Year-II Semester

National Law University, Delhi

 Research Project Synopsis

1. Introduction to the Provisions involved

The research topic for this year’s paper for the researcher is Culpable Homicide Not
Amounting to Murder: Sudden fight and acts done in the heat of passion. This topic even
though has been researched on extensively the researcher will give their own points of view
on the same and aim to do justice to such an interesting and important topic.

To do this paper a preliminary understanding of culpable homicide is essential. Culpable

homicide as defined by the Indian Penal Code, 1860 is that act which is done with the
intention of causing death, or with the intention of causing such bodily injury as is likely to
cause death, or with the knowledge that he is likely by such act to cause death. 1 Here, it very
easy to conceive all culpable homicide as murder. However, IPC provides certain exceptions
which distinguish between culpable homicide amounting to murder and culpable homicide
not amounting to murder.

This area of research is very wide. Therefore, the researcher have chosen only one exception,
namely, acts 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 and
unusual manner.2 This provides the researchers with the opportunity to analyze this particular
exception in a detailed manner as compared to a superficial analysis which would have
happened had they analyzed every single exception.

The researcher have chosen this topic as this topic has numerous gray areas which makes the
research an interesting as well as an important task. The gray areas that exist here are with
regard to what is after all a sudden quarrel, what amounts to undue advantage, cruelty and
unusual manner.

Moreover, the researchers will also analyze the Supreme Court decisions and relevant
provisions in the Indian Penal Code, 1860 with respect to similar provisions present in other
countries in order to get a measure of the success of the act in India.

2. Materials Examined

1. Books:
(i). PSA Pillai, CRIMINAL LAW, 10th ed., 2008, Lexis Nexis Butterworths Wadhwa
Nagpur.
(ii). Ratan Lal and Dhiraj Lal, THE INDIAN PENAL CODE, 31st ed., 2006, Lexis
Nexis Butterworths Wadhwa Nagpur.

1
Section 299, Indian Penal Code, 1860.
2
Section 300, Indian Penal Code, 1860.
 (iii). S. K. Sarvaria, RA Nelson INDIAN PENAL CODE, Vol.3, 9th ed., 2003, Lexis
Nexis Butterworths.
(iv). Surendra Malik and Sudeep Malik, SUPREME COURT ON INDIAN PENAL
CODE, 1860, ed., 2012, Eastern Book Company.
(v). K.D.Gaur, TEXTBOOK ON THE INDIAN PENAL CODE, 4th ed., 2009
Universal Law Publishing Company.
(vi). Sarkar, INDIAN PENAL CODE,1860, Vol 2, 2009, Kamal Law House, Kolkata.
2. Articles:
(i) http://www.indianjournals.com/ijor.aspx?target=ijor:ijmtlm&volume=6&issue
=2&article=001
(ii) http://ncrb.nic.in/CII%202009/cii-2009/Table%203.2.pdf
(iii) http://articles.timesofindia.indiatimes.com/2011-07-01/mumbai/29725724_1_life-
imprisonment-culpable-homicide-murder etc.
3. Legal Commentaries:
(i). R. P. Kataria and S. K. A Naqvi,(Rev), THE INDIAN PENAL CODE,1860,
Vol.2, 2007, Orient Publishing Company.
(ii). Dr. Hari Singh Gour, PENAL LAW OF INDIA, 4th Vol., 11th ed., 2011, Law
Publishers(India) Pvt.Ltd, Allahabad.
(iii). S. K. Bose, (ed.), N.D,Basu, COMMENTARY ON INDIAN PENAL CODE,
Vol.2, 10th ed., 2007, Ashoka Law House, New Delhi.
(iv). Dr. Hari Singh Gour, COMMENTARIES ON THE INDIAN PENAL CODE,
Vol.4, 13th ed., 2007, Law Publisher (India) Pvt.Ltd, Allahabad
(v). S. K. Sinha Ray, (Rev.), Justice M. L. Singhal and Sabiha, AN ANALYTICAL
AND EXHAUSTIVE COMMENTRY ON THE INDIAN PENAL CODE, 1860.
Vol.2, 2nd ed., Premier Publishing Company
4. Law Commission Reports:
The 91st, 113th, 234th, reports.

3.Research Problem

(A) Statement of Research Problem

The present project shall make an effort and attempt to answer whether reason of adding
some exceptions to the crime of murder in terms of culpable homicide not amounting to
murder is justified or not . It would also emphasised on the extent to which the courts employ
their own discretion and whether it is justified for them to do so or not. Here is an attempt to
analyze the general working of the sections of the IPC and till how far have the courts been
able to do justice to them. It would also bring in contrast the laws of some others countries
with the Indian laws that whether or not Indian Penal Code needs to revamp its sections to be
more pragmatic and aligned with those of other countries.

(B) Objectives

1. To identify intention of lawmakers for making “culpable homicide not amounting to

murder” different from murder.

2. To identify reason for not making liable a person for murder in sudden provocation.

3. To verify reasons for making liable a person for murder if a person commits culpable
homicide with unusual manner if he has got sudden provocation.

4. To verify Supreme Court decision on this issue.

5. To identify laws of different countries on this issue.

4. Hypothesis

The hypothesis framed by the researcher is that it is justified to add some exceptions to the
crime of murder in terms of culpable homicide not amounting to murder because if a person
does an act unintentionally then he should get less punishment. A person who does an act
unintentionally, should not be punished equally who does intentionally, otherwise it will be
contradictory to basic law doctrine which is “Actus non facit reum nisi mens sit rea” means a
person should not be punished unless he has guilty mind. As far as Courts are concerned, they
has done justification with these provisions of IPC.

5. Area included for the Research

The researcher after preliminary research has demarcated the area of the research as the
Sections 299, 300, 304 [Part I and II] of the Indian Penal Code, 1860.

6. Outline

1. Chapter I-
Chapter I will deal with an analysis of what culpable homicide is and what is culpable
homicide not amounting to murder with special emphasis on Exception four which is acts
done in the heat of a quarrel.

2. Chapter II-

Chapter II will deal with the scope and applicability of the same exception and will analyze
whether the said exception is valid or not.

3. Chapter III-

Chapter III will analyze various cases in the country and the discretion of the courts in
deciding various cases.

4. Chapter IV-

Chapter IV will deal with the comparative analysis of the Indian Penal Code, 1860 and its
relevant sections about culpable homicide not amounting to murder with respect to the
various provisions of the same present in various other countries.

5. Chapter V-

This chapter will be the concluding chapter which will provide with a holistic opinion on the
topic.

Note: First two chapter with 1st research problem and with 1st three objective will be covered
by my Co – Researcher.

7. Bibliography

Books:

RA Nelson, INDIAN PENAL CODE, 9th ed., Vol 4, Butterworth Lexis Nexis.

Dr Hari Singh Gour’s , PENAL LAW OF INDIA , 11th ed. ,Vol 4 , Law publishers India Pvt
Ltd.

KD Gaur, THE TEXT BOOK ON INDIAN PENAL CODE, 4th ed., Universal Law
Publication House.
KD Gaur, CRIMINAL LAW: CASES AND MATERIALS, 5th ed. , Lexis Nexis
Butterworth.

KI Vibhute, PSA PILLAI’S CRIMINAL LAW , 10th edn. Lexis nexis Butterworths..

J S Sarkar , INDIAN PENAL CODE , Vol 2 , Kamal Law House Calcutta.

Editor VR Manohar, RATANLAL AND DHIRAJLAL THE INDIAN PENAL CODE, 32nd
ed. 2010 , Lexis nexis Butterworths.

Surendra Malik and Sumeet Malik, Supreme Court Criminal Digest 2008, Eastern Book
Company.

Surendra Malik and Sumeet Malik, Supreme Court Criminal Digest 2005, Eastern Book
Company.

V.R. Manohar (ed.), Criminal Law journal, Vol. 117, March 2011

Online sources :

1) www.manupatra.com

2) www.mljlibrary.com

3) www.scconline.com

4) www.indiankanoon.com