Overview

Culpable homicide is genus and murder is species. All murders are culpable homicide but all culpable homicide is not murder. The literal meaning of murder is causing death which is done by putting an end to human life. This article gives a clear conceptualized understanding of Murder and the Attempt to Murder under sections 300 and 307 of the Indian Penal Code. The punishment to murder under section 302 has been discussed below with the exceptions to the murder.

Murder can be defined under IPC as culpable homicide which implies an act by which death is caused with the intention of causing death or such bodily injury or is so imminently dangerous that it must in all probability cause death.
 

Section 299 of the Indian Penal Code deals with culpable homicide with three explanations. Culpable homicide is where an act is caused by an individual with the intention of causing death and death is caused due to such act. It also includes the intention of causing bodily injury likely to cause death or knowledge that the individual is going to cause death by such an act. An individual is also said to have committed culpable homicide causing death if he or she causes bodily injury to the other person labouring under disorder, disease, or bodily infirmity. By such an act death of the other individual is caused. Further culpable homicide is categorized into culpable homicide amounting to murder and culpable homicide not amounting to murder.

To constitute the offence of murder under section 300 of the Indian Penal Code (IPC) following ingredients must be fulfilled.

1. Causing death- The individual should have the intention of causing death;
2. Doing an act- The individual must do the act with the intention of causing bodily injury which is likely to cause death.
3. The act must be done- The individual must do the act with the knowledge that such act is likely to cause the death of the other.

Instances of murder are-

• A intentionally gives Z a sword cut which is enough to cause the death of the man in the ordinary course of nature.  Consequently, Z dies. This act of A will held him guilty of murder even if he did not intend to cause the death of Z.
• A shoots Z with the intention of killing him, then A commits the offence of murder if Z dies in consequence.

IPC has recognized five exceptions where culpable homicide is not murder. Following is the description of five exceptions where culpable homicide does not amount to murder.
 

1. Sudden and grave provocation- When the offender without having control over themselves causes harm to another person. The offender commits the offence of murder due to sudden and grave provocation given by the other.
2. Exceeding the right of private defence- Where the act is committed to defending from any further harm. If the accused intentionally exceeds his right to private defence, then he is liable for murder. Any unintentional act causing death will hold the accused liable to culpable homicide not amounting to murder.
3. When culpable homicide is committed by Public Servant- Culpable homicide will not amount to murder if it is committed by the public servant acting under the colour of his duty and promoting public justice. No such public servant shall be liable to be punished for murder if such an act is committed in good faith and believed to be lawful.
4. Sudden fight- An unexpected fight is a sudden fight committed without premeditation. There exists no intention on behalf of both parties to kill or cause the death of another. Here the provocation offered or assault on any of the parties first is not important.
5. Consent- Culpable homicide is not murder when the person whose death is caused, being above the age of 18 years, suffers death or takes the risk of death with his own consent.

Attempt to murder under section 307 of IPC is as heinous as committing murder. The difference between Murder and Attempt to murder is that death is caused in the case of murder but act causing death fails in the latter case. Section 307 of IPC reads as if any individual commits such act with the knowledge or intention that such act will cause death, then the individual will be charged guilty of murder. The individual will be punished with imprisonment up to 10 years and a fine. However, if any hurt has been caused in the attempt of committing murder by such as the individual shall be punished with imprisonment for life or with such imprisonment as mentioned above. For instance, Y shoots Z with the intention to cause the death of Z. In case death is caused then Y will be guilty of murder. Y will be liable for punishment prescribed under this section.

The second part of Section 307 of IPC, deals with the attempt to commit murder by life convicts. It states that when any individual offending under this section is under sentence of imprisonment for life or is life convict, such convict is liable to be punished with death if the injury is caused due to his act. Any act which lacks the intention to kill is not sufficient for sustaining a charge of attempt to murder. For an offence under section 307, it is not essential that the bodily injury is capable of causing death. Attempt to murder is a non-bailable and cognizable offence.

The essential ingredients that are required to prove an offence under section 307 of IPC are-
 

1. Nature of the act- The nature of the act should be such that it would lead to the victim's death.
2. Intention or knowledge to commit offence- The offender should have the intention to kill which is to be proved beyond any reasonable doubt. The seriousness of injury caused to the victim is not sufficient to measure the intention to kill. Therefore, the method used by the offender to attack the victim can be taken into consideration.
3. Execution of offense- Along with the intention to kill, such act resulting into attempt to murder must also be proved to convict the under this section.
4. Act causing death in ordinary course- The act committed by the offender must be done with the knowledge that such act is likely to cause death in ordinary course.

When an offence of murder is committed under section 300 of IPC the punishment for it is provided under section 302 of the IPC. According to section 302, an individual committing the offence of murder shall be liable to the death penalty, life imprisonment and shall also be liable to fine.

The death penalty is also known as capital punishment and it is given in rarest of rare cases. This principle of rarest of rare cases has been laid down in Bachan Singh v. State of Punjab where the vast discretion of the court to impose the death penalty is limited.

Similarly, the mandatory provision of death sentences to offenders who are serving life sentences was struck down by the Supreme Court in Mithu v. State of Punjab.