Accident,

Section 80. Accident in doing a lawful act. -

-Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in
the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.

The main objective for providing this defense is that there is no criminal intention (mens rea) in Accident, If these 5
conditions are fulfilled it will be obvious that there was no criminal intention and the person would get protection
under Section 80 1. Act is done by accident or misfortune; v 2. Act done was lawful. 3. Done in a lawful manner. 4.
By lawful means 5. Done with due care and caution.

Case : jagesher V. Emperor

Section 81. Act likely to cause harm, but done without criminal intent, and to prevent other harm. --Nothing is an
offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without
any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to
person or property.

Latn :Quad necessitas non habet leegem

(Necessity knows no law)

Section 82. Act of a child under seven years of age. -Nothing is an offence which is done by a child under seven
years of age.

doli incapax (Incapable of committing an offence)

Section 83. Act of a child above seven and under twelve of immature understanding.

-Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained
sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

In case there is no evidence to prove Simmature understanding court will assume that the child above seven and
below 12 understood the nature of his acts. Ulla Mahapatra v. the King (AIR 1950 Ori 261) –

The boy below 12 years shouted 'I will cut you to pieces' and did so to the victim, He was convicted under Section
302.

Section 84. Act of a person of unsound mind. -

-Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is
incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

M'Naughten Case - House of Lords

Daniel M'Naughten suffered from a delusion and killed Edward Drummond (Secretary of (PM)) Medical evidence
also showed that he infact was delusional which carried him away from selfcontrol over his acts. He was acquitted.
Which attracted criticism by public.

Principles Devised after this case which are followed for Section 84 of IPC. • Every person would be assumed sane
until contrary is proved. • It must be clearly proved that at the time of commission of the crime the person was so
insane that he did not know the nature and quality of his act, or if he knew, he did not know that he was doing
wrong.

Culpable Homicide

Culpable - Latin 'culpabilis' which means worthy of blame Homicide - Latin word 'homo' which means a man, and
'caedere' which means to cut or kill
Section 299 - Whoever causes death by doing an act with the intention of causing death, or with the intention of
causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause
death, commits the offence of culpable homicide.

Rampal Singh vs State Of U.P (2012)

'CULPABLE HOMICIDE' is the genus 'MURDER' is its species

Culpable Homicide Murder

all 'murders’ are 'culpable homicides' but all 'culpable homicides' are not 'murders'.

Section 299 - Culpable Homicide

-Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such
bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits
the offence of culpable homicide.

Explanation 1.-A person who causes bodily injury to another who is v labouring under a disorder, disease or bodily
infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.

Explanation 2.-Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed
to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been
prevented.

Explanation 3.-The causing of the death of a child in the mother's womb is not homicide. But it may amount to
culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the
child may not have breathed or been completely born.

3 Ingredients of Culpable Homicide

1. Intention (Of causing Death) 2. Bodily Injury (which will likely cause death) 13. Knowledge (that such act will
likely cause death)

Section 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 Secondly - 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 Thirdly - 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 Fourthly - 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.

Ingredients of Culpable Homicide Amounting to Murder

Ingredients of Culpable Homicide 1. Intention (Of causing Death) 2. Bodily Injury (which will likely cause death) 3.
Knowledge (that such act will likely cause death)

1.Intention is of such bodily injury as the offender knows to be likely to cause the death of the person to whom the
harm is caused.

2.Bodily Injury is sufficient in the ordinary course of nature to cause death,

3. Knowledge that it is so imminently dangerous that it must, in all probability, cause death.
5 exceptions of Section 300

K.M Nanavati v. State of Maharashtra,1961

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 of 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.

Exception 2.-Culpable homicide is not murder if the offender in the exercise in good faith of the right of private
defence or person or property, exceeds 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.

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 committed 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 provocation or commits the first assault. I

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.

299 - culpable homicide - 3 ingredients (Intention, bodily injury, knowledge)

300 - Murder - 3 ingredients (Intention, bodily injury, knowledge) but aggravated form of these and higher degree
of intention and knowledge.

Punishment

Culpable homicide - 299 Punishment under 304 - Act causing death was done with intention of causing death

- Imprisonment of life or imprisonment up to 10 years + Fine Act causing death was done with knowledge that it
will cause death, but not with intention of causing death

- Imprisonment up to 10 years or fine or both. v

Murder - 300 Punishment under 302

- Death or imprisonment for life + Fine.