This article is written by Ritesha Das, Symbiosis Law School, Hyderabad. This article points out the difference between Culpable homicide and Murder i.e. Section 299 and 300 of the IPC 

• INTRODUCTION

Being a weapon of justice, Law is one of the crucial structures for governing society. The Indian legislature has continuously adopted numerous methods to effectively govern and regularize the society, taking account of the different factors such as languages, castes, demographics etc. Penal laws or the Indian Penal Code, 1872 (IPC) is the statute instituted by the State on its own behalf imposing restrictions and punishments on actions prohibited by the State. The sections under the Indian Penal Code, 1872 are comprehensive and interlinked with each other due to which it’s often difficult to comprehend and ascertain the gap between every section, especially section 299 and section 300 of Indian Penal Code, 1872. Although the above-mentioned sections are quite similar but there is a thin line of distinction highlighted by the Supreme Court of India while examining the provisions of the Indian Penal Code, 1872.

• AN  OVERVIEW  OF  SECTION  299  OF  IPC :

Section 299 of Indian Penal Code, 1872 deals with culpable homicide. The word homicide was originated from the Latin word homo, which means ‘man and cedere, ‘means cutting or killing’. Culpable homicide means death through the commission or omission of an act of a human being. The term culpable homicide is further classified into two categories: Culpable homicide not amounting to murder and Culpable homicide amounting to murder, under section 299 of Indian Penal Code, 1872. The composition of culpable homicide involves the ingredients of both physical and mental elements. Any event or action conducted with an intention to cause death or grievous bodily injury ultimately resulting in death, satisfying the elements of both physical and mental requirement would directly impose the liability or punishment on the person responsible for such event or action. Culpable homicide is the Genus and murder is the Species. All murders are culpable homicide but not vice-versa. Section 299 is often mistaken to be the definition of culpable homicide not amounting to murder but it is just a genus. Section

300 of IPC defines culpable homicide amounting to murder is not defined under a specific section as it is under the ambit of murder, which is section 300 of IPC.  

• ELEMENTS OF CULPABLE HOMICIDE

• Death of a living person – The term death under section 299 of Indian Penal Code, 1872 means the death of a human being. Although the death of an unborn child doesn’t fall under the ambit of culpable homicide, but the death of a living child will definitely fall under the ambit of culpable homicide amounting to murder.
• Action or omission– The death of the person should be caused by the actions like poisoning, striking, drowning etc of the accused. Mere death due to the ageing or ailment will not amount to culpable homicide.
• Intention – The term ‘intention’ is referred to as the knowledge or expectations of the repercussion of the actions conducted by the accused. If a person is charged with doing something which is likely to have highly injurious implications, the intention is derived from the actions of the accused and the circumstances of the case.
• Knowledge: Knowledge is a strong word that offers an assurance rather than a chance. To penalize under culpable homicide, knowledge is one of the crucial elements to be considered. The term ‘knowledge’ here simply means the knowledge of the person about his acts and its repercussions (which is likely to cause death).
• The probability to cause death: The accused will be prosecuted under culpable homicide (not amounting to murder) even if the intention of the accused was not to cause death by the use of unreasonable force highlighting the repercussions, which had a probability to cause death.
• PUNISHMENTS FOR CULPABLE HOMICIDE

The punishment of culpable homicide not amounting to murder is defined under section 304 of Indian Penal Code, 1872.  It states that “Whoever commits culpable homicide not amounting to murder shall be punished with 104[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.”

Under this section, the degree of the punishments is mainly dependent on the two ingredients: intention of causing death or grievous bodily injury having the probability to cause death and the knowledge that the act is likely to cause death. According to section 304, the punishment for culpable homicide ranges from life imprisonment to imprisonment for a term which might extend to 10 years with imposition of the fine. If the act or the conduct is done with the prudent knowledge of the repercussions, that is likely to cause death but the element of intention to cause death was missing; then the punishment might vary from imprisonment upto 10 years or fine or both. The offences falling under the purview of Section 304 of IPC is cognizable, non-bailable and triable by Court of Session.

In the case of V. Sreedharan v. State of Kerala, the accused chased the deceased to a certain distance and then gave a single fatal blow due to the instant provocation fueled by the heat of passion on the sudden pursuit and the whole event was held to represent a continuous sequence. Consequently, the accused’s sentence was transferred from Section 300 to Section 304, Part 1.

• SUPPORTED CASE LAWS

• Rampal Singh v. State of Uttar Pradesh

In the case of Rampal Singh v. State of U.P, the court defined ‘culpable homicide’ as the performance of an act or omission with the intention of causing death or bodily injury which has enough potential to cause death, or any other act carried out to cause death with the adequate knowledge. 

The above statement not only emphasizes the term ‘intention’ but also the term ‘knowledge’. However, they are both optimistic and have diverse mental attitudes. The main mental element is the mental attitude towards the repercussions of the acts conducted with mere intention or knowledge. Once an offence committed is fitting under any of the above three classifications, it will be vindicated under the grounds of culpable homicide.

• Shanmugam v. State of  Tamil Nadu

In the case Shanmugam v. State of Tamil Nadu, the accused stabbed the deceased on a minor altercation with a spear in the abdomen and the chest. After a septicaemia week, the patient died. The court suspected the accused to have inflicted grave wounds. The accused was Part I of Section 304.

• AN OVERVIEW OF SECTION 300 OF IPC

Section 300 of IPC specifically deals with murder including culpable homicide amounting to murder.  The spectrum of culpable Homicide specifically focuses on the two elements: the intention and knowledge of the conduct. But if a man intentionally inflicts sufficient bodily injury in the ordinary cause of his nature to cause death, that person will be liable for murder under section 300 of IPC. In the event of murder, the probability of death is greater than in the case of guilty murder.

• ELEMENTS OF MURDER

• Acts committed with an intention to cause death: The ingredient of murder deals with any action or conduct including illegal omission, with an intention to cause the death of a living person, comes under the purview of culpable homicide amounting to murder. An act committed with the intention of causing death falls under the ambit of culpable homicide amounting to murder. 

• Intentional bodily injury despite knowing the repercussion of death: The second element of murder deals with the bodily injury caused intentionally by a person having adequate knowledge of the consequences of death from that grievous injury. Such acts committed under this element also fall under the purview of culpable homicide amounting to murder. The offences falling under the ambit of this second element specifically focuses on: Intention and knowledge of the consequences of the injury.

• Intention being the crux ingredient of the bodily injury caused: The third element specifies that the intention to cause and actually causing the same grievous bodily injury resulting in the death of the person is sufficient to vindicate the subjective matter. Further enquiry regarding the intention or knowledge of the repercussions of the actions of the accuser is not required.
• Action probable to cause death without intention: The fourth element deals with the spontaneous actions that are caused without any intention of causing bodily injury to anyone. Such actions fall under the ambit of section 300 of IPC. However, the act mentioned in the fourth element should be followed by the knowledge of the action being dangerous enough to cause death or bodily injury, which may lead to death.

• PUNISHMENTS FOR MURDER

The punishment for the murder falls under the purview section 302 of the Indian Penal Code, which defines that a person charged for murder, is liable for either life imprisonment or execution or both. The liability further shall extend to imposition of the fine.

• Jagrup Singh V. State of Haryana

In the case of  Jagrup Singh V. State of Haryana, the appellant hit the defendant’s head with a blunt log of wood, causing his death. The court held that if any person strikes someone with a rod or log of wood without any justifiable circumstances, then such an action is considered to be an injury intentionally inflicted to cause death and hence the appellant was liable under section 302 of IPC. 

• SUPPORTED CASE LAWS

• B.N. Srikantiah v. Mysore State

In the case of  B.N. Srikantiah v. Mysore State, the deceased had suffered 24 injuries out of which 21 of them were inlaid. The injuries could be traced on several parts of his body including his head, neck, shoulders and forearms. The intention of inflicting bodily injury under section 300 of IPC was established by the traces of the injuries, which highlighted the use of small weapons for inflicting bodily injury. 

• Abdul Waheed v State of Maharashtra

In the case of Abdul Waheed v State of Maharashtra, the deceased was wounded three inches deep with a knife over a trifle matter. The Supreme court held that the injury resulted in death was sufficient to draw the element of intention. By combining every factor, if the element of intention highlighted in the circumstances acts as a corroborative device to reflect intention, then the accused will be said to have formed the intention to cause death.

• EXCEPTIONS OF SECTION 300 OF IPC

Following are the exceptions under section 300 of IPC:

• Sudden provocation: The person committing an act under sudden provocation triggering the self-control, ultimately causing the death of any person will not fall under the ambit of murder. Rather it will fall under the purview of culpable homicide not amounting to murder.
• Sudden fight: The death caused due to sudden combat out of rage resulting in the death of a person will not fall under the ambit of section 300 of IPC due to the absence of inferring the ‘intention’. Under this exception, the fight should not involve any premeditation. The time gap between the quarrel and actual combat is an essential element of this exception.
• Right to private defence: Under this exception, a person is empowered to use reasonable force for inflicting any sort of harm including death for the sake of his personal defence. The action should not be committed with the intention of causing death; rather the sole motive for inflicting the harm is personal defence using a reasonable degree of force.
• Consent: The death of any person except minor, caused after consenting to all the risks knowing the repercussion of death will not fall under section 300 of IPC. The element of consent under this exception must be free and voluntary.
• Excessive power exerted by a public servant: A public servant, being unauthorized by law, asserting excessive power resulting in the death of the person can’t use the exception of statutory authority as a defence. This exception applies only if the public servant does any act in good faith, believing to serve justice 
• CONCLUSION

Although both culpable homicide and murder deal with the killing of a person, but the scope differs in both the cases. Various researchers and scholars often fail to draw the line of distinction between the terms  ‘culpable homicide’ and’ murder’, due to which they are often interchanged with each other. From the above elaborations, it is crystal clear that the term ‘Culpable homicide’ has a wider scope than term ‘murder’ as murder falls under the aggravation of culpable homicide with a higher probability of causing death with intention and knowledge, subjected to certain exceptions. 

• REFERENCES

• http://www.legalserviceindia.com/legal/article-518-culpable-homicide-versus-murder.html
• https://www.lawnn.com/murder-section-300-indian-penal-code/
• http://www.shareyouressays.com/knowledge/distinction-between-culpable-homicide-sec-299-and-murder-sec-300/118917
• https://www.pathlegal.in/Difference-between-IPC-section-299-Vs-300-blog-1186550

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INTRODUCTION

Several categories of the Citizens have been defined under Part – II of the Constitution of India. A citizen of the state is a person who enjoys full membership of the state. The Citizens of the country are different from aliens and mere residents. Citizens have all the rights provided by the state which may not be available to aliens and residents. For example, in India, the aliens don’t enjoy all the Fundamental Rights, the right to vote is available to the citizens alone. Citizenship inheres only in natural persons and not in juristic persons, like corporations.

What is Citizenship

Citizenship refers to the state of being recognized as a citizen of the state. Citizenship ensures that the person is a member of the state. It further provides the social and political rights to the citizens. A citizen has the right to take part in the governance and administration of the state.

Difference between Citizenship, Nationality, Overseas Citizenship and Resident

Nationality

Nationality refers to the status of belonging to a particular nation. Thus, the person enjoys the nationality of the place where he is born. For example, a person born in India, automatically acquires Indian Nationality, however, in order to obtain the citizenship of a country, a person is required to apply for it, whereas, the nationality is automatically vested on a person, he need not apply for it. A national of one country may apply for the citizenship of a different country. Thus, one can change his Citizenship but can not alter his/her nationality.

Overseas Citizenship

Overseas Citizenship is granted to the people who are not ordinarily the citizens of the country. Thus, the person of India who migrated to other countries except for Pakistan and Bangladesh and has obtained foreign citizenship is awarded overseas citizenship. This should not be confused with dual citizenship. Overseas citizenship is provided only if the home country allows dual citizenship in some form or the other. However, the Overseas Citizens cannot enjoy all the rights which are provided to the citizen of the country for example

1. Overseas don’t have the right to vote.

2. He is not eligible to obtain an Indian passport.

3. One can not contest the elections of Lok Sabha, Rajya Sabha, Legislative Assembly or Legislative Council.

4. A person can not hold constitutional posts like President, Vice-President or the Judge of a Court.

5. He is not eligible to apply for government jobs.

6. He can not acquire the agricultural or plantation property but can inherit the same.

Resident

A resident is a person who resides in a country. A resident is not always the Citizen of the country. A foreign national residing in India can be termed as a Resident of India but not necessarily the Citizen of India unless he acquires Citizenship.

What are the different modes of acquiring Citizenship

Article 5, 6 and 8 of the Indian Constitution specifies certain methods by which a person can acquire the citizenship of India. These are discussed below:

By Domicile

Article 5 lays down two conditions for citizenship

1. A person must have the domicile in the territory of India before the commencement of the Act.
2. He must fulfil any of the three conditions given below:

• He must have born in the territory of India, or
• Either of his parents must have born in the territory of India, or
• He must have been ordinarily resident in the territory of India for not less than 5 years immediately preceding such commencement.

‘Domicile’ refers to the intention of residing in a country for an indefinite period.

The domicile is of two types:

1. Domicile of Origin
2. Domicile of Choice

1) Domicile of Origin

Every person is born with the Domicile of Origin. The domicile of origin is received by him at the time of his birth. The basis of obtaining such domicile is the paternity or maternity. Thus, a child will acquire the domicile of the same country to which the father was domiciled at the time of the child’s birth. The domicile of origin continues until a person acquires the domicile of choice. Once the domicile of choice is suspended then he again obtains the domicile of origin. In the case of a posthumous child, the child will have the domicile of the country to which his father was domiciled at the time of death.

2. Domicile of Choice

A person can acquire the domicile of choice by fulfilling two conditions:

a) Residing in a particular place

(b) Intention to reside permanently or for an indefinite period.

It must be noted that a child whose parents are unknown gets the domicile of the country in which he is found. After the marriage, the wife acquires the domicile of the husband. However, the case is different if they are judicially separated. In India, a person can not have two domiciles.

Citizenship by Migration

Article 6 of the Constitution of India provides that any person who has migrated to the territory of India from Pakistan shall be the Citizen of India at the commencement of the Constitution of India. For the purpose of Citizenship, people have been classified into two categories:

1. Those who migrated to India before 19th July 1948
2. Those who migrated India after 19th July 1948

The people who have migrated to India before 19th July 1948 have to fulfil two conditions in order to obtain citizenship:

1. The person migrated to India or either of his parents or either of his grandparents was born in India as defined in the Government of India Act, 1935.
2. The person migrated to India has been ordinarily residing in the territory of India since the date of the migration.

The people who have migrated to India after 19th July 1948 have to fulfil the following four conditions

1. The person migrated to India or either of his parents or either of his grandparents was born in India as defined in the Government of India Act, 1935.
2. The person has applied for citizenship.
3. He has resided in India for 6 months
4. He has been registered as a citizen of India by the officer appointed by the Government of the Dominion of India.

Citizenship by Registration

Article 8 of the Indian Constitution provides that the persons whose parents or grandparents were born in Indian but residing abroad can obtain the citizenship of India by registration.

Persons Voluntarily acquiring citizenship of a foreign state

Article 9 provides that any person who has voluntarily acquired the citizenship of a foreign state shall not remain the citizen of India. The cases of voluntary acquisition of foreign citizenship shall be dealt with by the Government of India under the Citizenship Act, 1955.

Rights of Citizens

Certain rights are available only to the citizens of India and not the aliens or foreign nationals. These rights are:

• Right to Vote
• Prohibition of discrimination on the basis of race, caste, sex, place of birth. (Article 15)
• Right to Equality of opportunity in matters of public employment. (Article 16)
• Protection of Freedom of Speech and Expression. (Article 19)
• Protection of language, script or culture of the minorities. (Article-29)
• Right of minorities to establish and administer educational institutions of their choice.

Power of Parliament to make laws with respect to citizenship

Article – 11 of the Indian Constitution provides that the Parliament can make laws related to the acquisition and termination of citizenship and matters relating to citizenship. In exercise of this power, the parliament enacted the Citizenship Act in 1955. Several changes were made in the Act in 2003 and 2005 to introduce the concept of overseas citizenship of India.

References

• V.N. Shukla, Constitution of India 44 (13th ed. 2017)
• State Trading Corpn. of India Ltd. v. CTO, AIR 1963 SC 1811
• Anmol Goyal and Sumit Gyal, ​Concept of Domicile, ​1 JUSIMPERATOR, 5 (2017)
• Pradeep Jain v. Union of India, (1984) 3 SCC 654
• D.P. Joshi v. State of Madhya Bharat, AIR 1955 SC 334
• Kulathil Mammu v. State of Kerala, AIR 1966 SC 1614
• State of U.P. v. Rehmatullah, (1971) 2 SCC 113

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About The Organisation

Patna High Court is the High Court of the state of Bihar. It was established on 3 February 1916 and later affiliated under the Government of India Act 1915. The court is headquartered in Patna, the administrative capital of the state.

Job description

Applications are invited from eligible Advocates for direct recruitment in respect of 27 vacancies, including 1 backlog vacancy for EBC and 3 for SC, as on 31.03.2020, which may vary in future, both on Permanent and Temporary posts in the Bihar Superior Judicial Service

Number of Vacancies

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Location

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Any applicant who has not completed 7 years of practice on the last date of receipt of Application as specified in the advertisement and who does not give a declaration of appearance in at least 24 cases per year in the last 3 years, shall not be eligible for consideration for such appointment.

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About the Institution

Maharshi Dayanand University, ab initio establishedas Rohtak University, Rohtak, came into existence by an Act No. 25 of 1975 of the Haryana Legislative Assembly in 1976  with the objective to promote inter-disciplinary higher education and research in the fields of environmental, ecological and life sciences. It was rechristened as Maharshi Dayanand University in 1977 after the name of a great visionary and social reformer, Maharshi Dayanand.  It had a unitary and residential character in its nascent stage, but became an affiliating University in November 1978. The University secured the recognition of University Grants Commission – the higher education regulatory body of India – for central Govt. grants in 16 Mar, 1979.

The University is located at Rohtak in the state of Haryana – about 75 kms from Delhi on Delhi-Hisar National Highway (NH-10), and is about 240 kms from Chandigarh, the State Capital. It is well connected both by rail as well as road. Rohtak is the education hub of the State with excellent facilities for  education in all fields of knowledge.

About the Moot

The Moot Court Society of MDU-CPAS is organising the third edition of the Moot Court Competition that will be held between 21st and 22nd of March, 2020. The moot proposition is themed around raging issues in criminal law.

Last day for institutional registration is 07th March 2020.

Eligibility

The competition is open for students pursuing B.A.L.L.B. or L.L.B. courses from recognized universities and colleges.

Team Composition

Each team shall consist of three members ( two speakers and one researcher). There shall be, under no circumstance whatsoever, that a team consisting of more than 3 members be allowed to participate. No observer/additional member can be part of a team in any capacity.

Location

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Registration Details

A registration fee of Rs.4500/- is to be sent by way of Demand Draft drawn in favor of “DIRECTOR MDU-CPAS”, payable at Gurugram along with the registration form.

Registration particulars as soft copy and scanned copy of DD should be sent by e-mail to EMAIL “3rd NATIONAL MOOT COURT COMPETITION 2020” as the subject of the mail latest by 10TH MARCH 2020. The body of the mail should also contain the details of team members (All three) such as Name, Contact Number, Email Id, Role.

Important Dates

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Contact Details

Faculty Convener: Dr. G.S Chauhan, 09811346171

Organising Secretary: Dr. Kailash Kumar, 09212704898

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The Open Society Justice Initiative and Hertie School of Governance invite applicants for the 2020 Summer School in Human Rights Litigation, to be held in Berlin from June 8 to 12.

The summer school provides a unique opportunity for human rights professionals to build on their experience and to develop their skills to successfully bring cases to the regional human rights systems and the UN treaty bodies, and to use those cases to achieve practical change. The curriculum will combine presentations, case studies, exercises, and discussion groups with preparatory work and further reading to ensure full maximum benefit for those attending the course. Participants will be invited to provide information on their work and those concrete examples will help shape the discussion.

Additional course information and instructions for applying can be found on the Hertie School’s application portal: here

Purpose and Priorities.

The course encourages its 25 participants to approach human rights litigation strategically, viewing litigating a human rights case as one step in the process of achieving social change. It includes modules that examine the steps involved in strategic litigation, such as case selection, client care and forum choice. It also uses case studies to explore how to build a strong evidential record in support of the case, how to develop campaigning and advocacy to raise awareness of the issues involved, as well as how to implement a successful judgment. Other presentations will focus on the challenges of drafting legal petitions dealing with human rights claims, complex case building, use of open source investigation and dealing with the ethical problems that arise in human rights cases.

The curriculum will cover a range of human rights tribunals, such as the African, Inter-American, and European regional bodies, as well as the most frequently used UN treaty bodies. The course will also allow participants to choose specialist seminars to examine key issues in their field. In previous years, these have included the subjects of torture and the right to life, discrimination, freedom of information and expression, as well as socioeconomic rights.

Eligibility

Participants need to be practicing lawyers with some experience in human rights litigation and should ideally have two to five years’ experience in human rights practice. Participants will be required to submit examples of cases and issues that they are or have been involved in. Instruction will be in English. Bursaries towards expenses, including travel, are available where the need can be demonstrated.

Guidelines

The deadline for applications is February 21, 2020. Additional course information and instructions for applications can be found via the online application module here.

When registering, please select “Human Rights Litigation Summer School 2020” understudy programme and upload the documents requested.

The official website link is here.