Law and You > Criminal Laws > Indian Penal Code > Kinds of Homicides
The word homicide has been derived from the Latin word ‘homo’ which means a man, and ‘caedere’ which means to cut or kill. Thus, homicide means the killing of a human being, by a human being. Homicide can be further divided into a lawful homicide and unlawful homicide.
Lawful Homicide:
It includes several cases falling under the General Exceptions. It is also known as Simple Homicide. The death is caused in one of the following ways: –
- By a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it. (Section 76)
- By a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law. (Section 77)
- By the judgment or order of, a Court of Justice; if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction. (Section 78)
- By any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. (Section 79).
- 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. (Section 80)
- 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. (Section 81)
- By a child under seven years of age. (Section 82)
- 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. (Section 83)
- 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. (Section 84)
- By a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law: provided that the thing which intoxicated him was administered to him without his knowledge or against his will. (Section 85)
- By an act which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm. (Section 87)
- By an act which is not intended to cause death, by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. (Section 88)
- By reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit: Provided— Provisos.
| First.—That this exception shall not extend to the intentional causing of death, or the attempting to cause death; Secondly.—That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; Thirdly.—That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt; Fourthly.—That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend |
- By the right of private defence of a person (Section 100). Death by the voluntary act causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:—
| Firstly.—Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; Secondly.—Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; Thirdly.—An assault with the intention of committing rape; Fourthly.—An assault with the intention of gratifying unnatural lust; Fifthly.—An assault with the intention of kidnapping or abducting; Sixthly.—An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release. Seventhly.—An act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act. |
- By the right of private defence of property (Section 103). By death by the voluntary act causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:—
| First.—Robbery; Secondly.—House-breaking by night; Thirdly.—Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property; Fourthly.—Theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised |
Punishment for Lawful Homicide:
Killing in self-defence or in pursuance of lawful authority or by reason of mistake or fact, or death is caused by accident or misfortune, or while doing an act in good faith and without any criminal intention for the benefit of the person is not culpable. In such cases, the accused may be punished for lesser offences (for e.g. hurt) even though death has resulted if the injury resulting in death though voluntarily caused was not likely to cause death.
For example, A gives B a blow and B, who suffers from an enlarged spleen of which A was not aware, dies as a result. A is not guilty of Culpable Homicide as his intention was merely to cause an injury that was not likely to cause death.
In connection with homicide the maxim ‘actus non facit reum nisi mens sit rea’ has been frequently cited as stating the two fundamental requirements of criminal liability (a) Criminal act and (b) the intent. The meaning of the maxim is the conviction of a crime requires proof of a criminal act and intent. In simple words, an act does not make a defendant guilty without a guilty mind.
Unlawful Homicide:
There are two types of unlawful homicides. (a) Culpable homicide (Section 299) and (b) Murder (Section 300). These topics are discussed in details in subsequent articles.