IPC Section 300 - Murder

300. Murder. Except in the cases hereinafter excepted, culpable homicide is murder, if the act by

which the death is caused is done with the intention of causing death, or--

2ndly.--If it is done with the intention of causing such bodily injury as the offender knows to be

likely to cause the death of the person to whom the harm is caused, or--

3rdly.--If it is done with the intention of causing bodily injury to any person and the bodily injury

intended to be inflicted is sufficient in the ordinary course of nature to cause death, or--

4thly.--If the person committing the act knows that it is so imminently dangerous that it must, in all

probability, cause death, or such bodily injury as is likely to cause death, and commits such act without

any excuse for incurring the risk of causing death or such injury as aforesaid.

Illustration s

(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.

(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention

of causing 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 in a sound state of health. But if A, not knowing that Z is

labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound sta te of

health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such

bodily injury as in the ordinary course of nature would cause death.

(c) 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. Here A is guilty of murder, although he may not have intended to cause Z's death.

(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 had a premeditated design to kill any particular individual.

Exception 1.--When culpable homicide is not murder .--Culpable homicide is not murder if the

offender, whilst deprived of the power of self -control by grave and sudden provocation, causes the death

of the person who gave the provocation or causes the death of any other person by mistake or accident.

The above exception is subject to the following provisos:--

First.--That the provocation is not sought or voluntarily provoked by the offender as an excuse for

killing or doing harm to any person.

Secondly.--That the provocation is not given by anything done in obedience to the law, or by a public

servant in the lawful exercise of the powers of such public servant.

Thirdly.--That the provocation is not given by anything done in the lawful exercise o f the right of

private defence.

Explanation.-- Whether the provocation was grave and sudden enough to prevent the offence from

amounting to murder is a question of fact.

Illustration s

(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z's child. This is murder,

inasmuch as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in

doing an act caused by the provocation.

(b) 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. He re A has not committed murder, but merely culpable

homicide.

(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 murd er,

inasmuch as the provocation was given by a thing done by a public servant in the exercise of his powers.

(d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A's deposition, and that A has

perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder.

(e) A attempts to pull Z's nose. Z, in the exercise of the right of private defence, lays hold of 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 giving by

a thing done in the exercise of the right of private defence.

(f) 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 that purp ose. B kills Z with the knife. Here B may have committed only

culpable homicide, but A is guilty of murder.

Exception 2.--Culpable homicide is not murder if the offender in the exercise in good faith of the

right of private defence o f person or property, ex ceeds the power given to him by law and causes the

death of the person against whom he is exercising such right of defence without premeditation, and

without any intention of doing more harm than is necessary for the purpose of such defence.

Illustration

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.

Exception 3.--Culpable homicide is not murder if the offender, 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 duty as such public servant and without ill -will towards the person whose death is

caused.

Exception 4.--Culpable homicide is not murder if it is commi tted without premeditation in a sudden

fight in the heat of passion upon a sudden quarrel and without the offender's having taken undue

advantage or acted in a cruel or unusual manner.

Explanation.-- It is immaterial in such cases which party offers the prov ocation or commits the first

assault.

Exception 5.--Culpable homicide is not murder when the person whose death is caused, being above

the age of eighteen years, suffers death or takes the risk of death with his own consent.

Illustration

A, by instigation, voluntarily causes Z, a pers on under eighteen years of age to commit suicide. Here, on account of Z's

youth, he was incapable of giving consent to his own death; A has therefore abetted murder.