Report No. 42
116. Substitution of new sections for sections 299 and 300.-
For sections 299 and 300 of the Code, the following sections shall be substituted, namely.-
"299. Murder.-Whoever causes death by doing an ac.-
(a) with the intention of causing death, or
(b) with the intention of causing such bodily injury as is sufficient in the ordinary course of nature to cause death or as the offender knows to be likely to cause the death of the person to whom the harm is caused, or
(c) with the knowledge that the act is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and without any excuse for incurring such risk, commits murder, excepts in the circumstances specified in section 300.
Explanation.- For the purposes of this section and section 300.-
(i) causing the death of a child in the mother's womb is not causing the death of a human being; but ausing the death of a living child, after any part of it has emerged from the womb, is causing the death of a human being, though the child may not have breathed or been completely born;
(ii) a person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death;
(iii) where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused death, although by resorting to proper remedies and skilful treatment death might have been prevented.
Illustrations
(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.
(b) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. A is guilty of murder, although he may not have intended to cause Z's death.
(c) A knowing that Z has an enlarged spleen a blow against which is likely to cause his death, strikes him there with the intention of causing him such bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person with a sound spleen.
(d) A, without any excuse, fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have designed to kill any particular, individual.
(e) A knows Z to be behind a bush. B does not know. A induces B to fire at the bush, knowing that such firing must in all probability cause Z's death or such bodily injury as is likely to cause his death, and without any excuse for incurring the risk. B fires and Z is killed. Here B may be guilty of no offence but A is guilty of murder.
300. Culpable homicide not amounting to murder.- (1) Where a person causes death by doing an act with the intention of causing such bodily injury as is likely to cause death or with the knowledge that by such act he is likely to cause death, and such act is not murder under clause (b) or clause (c) of section 299, he commits culpable homicide not amounting to murder.
Illustration
A lays sticks and turf over a pit with the knowledge that death is likely to be thereby caused. Z treads on it, falls in and is killed. A has committed culpable homicide not amounting to murder.
(2) Whoever causes death by doing an act with the intention or knowledge specified in section 299, but in the exceptional circumstances hereinafter specified, commits culpable homicide not amounting to murder, namely.-
(i) when the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gives the provocation or causes the death of any other person by mistake or accident, provide the provocatio.-
(a) is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person, or
(b) is not given by a public servant in the lawful exercise of the powers of such public servant, or
(c) is not given by anything done in the lawful exercise of the right of private defence, or
(d) is not given by anything done in obedience to the law;
(ii) when 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 pre-meditation and without any intention of doing more harm than is necessary for the purpose of self-defence;
(iii) when the offender, not 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 duties as such public servant and without against a person whose death is caused;
(iv) where the offender causes death without pre-meditation in a sudden fight in the heat of passion upon a sudden quarrel and without having taken undue advantage or acted in a cruel or unusual manner; it is immaterial in such cases which party offers the provocation or commits the first assault;
(v) where the person whose death is caused, being above the age of eighteen years, consent to suffer death or to take the risk of death.
Illustrations
(a) Y gives grave and sudden provocation to A. A on this provocation, fires, a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide not amounting to murder.
(b) A, under the influence of passion excited by a provocation given by Y, kills Z, Y's child standing nearby. This is murder, inasmuch as the provocation was not given by the child.
(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, inasmuch as the provocation was given by a thing done by a public servant in the lawful exercise of his powers.
(d) A attempts to pull Z's nose Z, in the exercise of the right of private defence, lays hold of a A to prevent him from doing so. A is moved to sudden and violent passion in consequence and kills Z. This is murder, inasmuch as the provocation was given by a thing done in the exercise of the right of private defence.
(e) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B's rage, and to cause him to kill Z, puts a knife into B's hand for the purpose. B kills Z with the knife. Here B may have committed only culpable homicide not amounting to murder, but A is guilty of murder.
(f) Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A, believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide not amounting to murder."
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