0Legal Aptitude
Murder in IPC 1860
Murder Section 300 of IPC Defines the Murder Firstly, the cases of culpable homicide is considered murder, if it is committed with the intention of causing death. Secondly, If the attacker intends to make such an injury on the body which will cause death Thirdly If the attack is made to cause injury in the body which in normal cases would lead to death. Fourthly, If the person attacking is aware of the fact that his attack will cause death or will cause such bodily injury which will lead to the death of the person. Without any excuse for incurring the risk of causing death or such injury as aforesaid. Illustration 1 A shoots ‘Z’ with the intention of killing him. ‘Z’ dies. ‘A’ commits murder. Illustration 2 If ‘A’ strikes Z with a blow knowing that Z has a disease in which one blow would lead him to death, and if Z dies due to the blow, A is guilty of murder even though that blow would do nothing to a person who is in sound health. On the contrary, if A gives a blow to Z, not knowing about the disease that Z has caused a blow to lead him to death and if Z dies, then A has not committed an offence of killing him as the blow to the person with sound health would have only caused injury to the body. Illustration 3 ‘A’ intentionally gives ‘Z’ a sword-cut or club-wound. This attack would cause a death of a person in the ordinary case. Z dies thereby. A has committed murder though he might not have intended to. Illustration 4 ’ A’ without any excuse fires a loaded cannon among a crowd of an innocent person, and one of them gets killed. Though A had no designs to kill, he is guilty of murder.
