When offence falls under Sec. 304 Part (I) and when falls under Sec. 304 Part (II) of I.P.C.? Discuss. [MPCJ 2017]
Ans. The term ‘culpable homicide is defined u/s 299 IPC and ‘Murder’ is defined u/s 300 IPC. Illustratively, the culpable homicide is a full circle out of which when additional condition of the section 300 of IPC is satisfied then a part of it qualifies to become a graver offence of culpable homicide amounting to murder and the residue remains punishable as such culpable homicide under section 304 of IPC. But section 304 of the IPC further makes sub-classification of culpable homicide not amounting to murder and punishes them with different sentence. Those are as under-
Offence under section 304 Part (I) :- In following circumstances:-
- When clause (a) of the section 299 is attracted but additional condition of the corresponding section 300- clause firstly is not satisfied. That is, whoever causes death by doing an act with the intention of causing death
- When clause (b) of the section 299 is attracted but additional condition of the corresponding section 300- clause firstly or Secondly is not satisfied. That is. whoever causes death with the intention of causing such bodily injury as is likely to cause death.
With respect to above two categories, the Hon’ble Apex Court has also held in Keshub Mahindra vs State of M. P., (1996) 6 SCC 129 that the first part of section 304 of IPC applies where the accused causes necessary bodily injury to the victim with intention leading to culpable homicide whereas Part II of the said section, comes into effect when death is caused by doing an act with knowledge that it is likely to cause death.
- When either clause (a) or clause (b) of the section 299 is attracted and at the same time the requisite additional condition of the corresponding section of 300 IPC- clause firstly or secondly or thirdly is satisfied leading to the elevation of offence into culpable homicide amounting to murder. But, further at the same time either of the five exception of section 300 of the IPC is attracted and thereby the same offence is reverted back to the culpable homicide by virtue of that effect. Such culpable homicide is also punishable under section 304 Part (I) of the IPC as held by Hon’ble Apex Court in Mohinder Pal Jolly vs State of Punjab 1979 AIR SC 577 that If the accused commits an act while exceeding the right of private defence by which the death is caused either with the intention of causing death or with the intention of causing such bodily injury as was likely to cause death then he would be guilty under Part I of Section 304 of IPC. On the other hand if accused had only knowledge based mens rea and thereby his act is murder under section 300 within the meaning of clause “4thly”, then in case of application of any of the five exception to that section the offence is punishable only under Part II of Section 304 of IPC.
Offence under section 304 Part (II):- In following circumstances:-
- When clause (c) of the section 299 is attracted but additional condition of the corresponding section 300 – clause fourthly is not satisfied. That is, whoever causes death with the knowledge that he is likely by such act to cause death.
- When clause (c) of the section 299 is attracted and at the same time the requisite additional condition of the corresponding section of 300 IPC- clause Fourthly is satisfied leading to the elevation of offence into culpable homicide amounting to murder. But, further at the same time either of the five exception of section 300 of the IPC is attracted and thereby the same offence is reverted back to the culpable homicide by virtue of that effect. Such culpable homicide is also punishable under section 304 Part (II) of the IPC as held by Hon’ble Apex court in Elavarasan v. State (2011) 7 SCC 110 that if in any particular case the accused is found to have committed murder within the meaning of section 300- clause fourthly of IPC and at the same time of any of the five exception appended to that section is attracted then offence gets reduced into culpable homicide and punishable under section under S. 304 Part II IPC.
Therefore, in conclusion all intention based culpable homicide simpliciter is punishable under section 304 Part I of the IPC whereas the knowledge based culpable homicide is punishable under section 304 Part II of the IPC.