What is Section 300 IPC? Murder
Published on: Lawiz Team
Learn about Section 300 IPC: Murder
Official Legal Text
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.
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.
Exception 2: When culpable homicide is not murder—Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of 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: When culpable homicide is not murder—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: When culpable homicide is not murder—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 having taken undue advantage or acted in a cruel or unusual manner.
Exception 5: When culpable homicide is not murder—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.
What This IPC Section Means – Explained in Simple Words
Section 300 defines murder as a form of culpable homicide where the act is done with the intention of causing death or fatal injuries.
Purpose
To distinguish between murder (a more serious form of killing) and culpable homicide.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Death or imprisonment for life, and fine.
Scope and Application
Applies to any person who intentionally causes death or inflicts fatal injuries under specific conditions.
Important Legal Points
The act must be done with the intention of causing death or with knowledge that death is almost certain.
Illustrative Example
Stabbing a person multiple times with a knife with the intention to kill is murder.
Exceptions and Special Cases
Reduced to culpable homicide if done under grave and sudden provocation.
Punishment Details
Punishment is death, or imprisonment for life, and fine.
FAQs
What is Section 300 IPC about?
Official legal meaning and explanation of Section 300 IPC.
What is the punishment under Section 300 IPC?
Punishment details under Section 300 IPC.
Is offence under Section 300 IPC bailable?
Depends on the seriousness and nature of offence under Section 300 IPC.
Is Section 300 IPC a cognizable offence?
Generally based on severity; needs proper case-by-case analysis.
How to file a case under Section 300 IPC?
Visit local police station, file FIR, submit necessary evidence.
How can a person defend against Section 300 IPC charges?
Possible defences include lack of intention, false accusation, or absence of legal ingredients.
Which court handles cases under Section 300 IPC?
Usually Magistrate Court or Sessions Court depending on punishment prescribed.