CHAPTER 2: CULPABLE HOMICIDE

DEFINITION

An act which has resulted in a person's death but is held not to amount
to murder.

HOW TO REDUCE FROM MURDER TO CULPABLE HOMICIDE

Exception 1: Provocation

Provocation is the deprivation of self-control by virtue of words,

gestures, or action.
5 elements must be fulfilled first:
o Provocation must be grave and sudden
It must be unexpected, unplanned, and occurred shortly
before the killing Chong Teng v PP
The accused lose his control when the deceased made a
remarks that they are no longer husband and wife PP v
Abdul Razak Malek
A reasonable man test was used to analyze whether a
reasonable man would lose his self-control.
o A link between between provocation and killing
The court held there was no provocation when the accused
immersed his 2 year old baby into a pail of water because
she was crying. There was no provocation. The accused act
beyond proportionalility Ali v PP
The victim confessed of committing an indultery and made
an insult of the size of the accused penis PP v Lim Eng
Liat
o No cooling period
Refers to the lapse of time between the provocation and
the killing.
The accused went to the market to take a fight with the
deceased at the market. The accused alleged that the
deceased had taken his wife a long time ago. The defence
of provocation does not arise Chong Teng v PP
o Proportionality of retaliation Reasonable man test
The accused must retaliate in a certain manner in which a
reasonable man would do.

Depends on the cultural, emotional, and background of

society which the accused belongs Nanavati v State of
Maharashtra
The accused would like to kill a family. Later the victims
threatened to throw a stone to him. Later, the accused all
the family. The court held that the act of retaliation does
not proportionate to the degree of provocation AG v Don
John Perera

Exception 2: Exceeding the right of private defense

3 elements must be satisfied:

o The act of killing was exercised in good faith
Definition of good faith Sec.52
The deceased had misunderstanding with the victims
husband. Later, the victim throws a knife at him. Later, he
gained possession of such knife and slashed the victim.
o The act was not done excessively than necessary.
The appellant and his friend try to retrieve a gold from the
deceased. Later, there was a quarrel between them. In
that quarrel, the deceased dropped a knife and the
appellant used such knife to stab him. The right to private
defence exists but when the knife drop, he exceeds it.
o The act was done without any intention or pre-meditation.
Illustration to Exception 2
o Limitation Balbir Singh
The accused must be free from any fault
There must be some degree of danger towards the accused
No way of escape
Necessity to take life

Exception 3: Public servant exceeding his power

4 elements must be satisfied:

The accused must be a public servant which serve to

advance public justice
He exceeds the power given by law and caused death
Acted in good faith
No malice
o Under Sec.15 CPC, a public servant in arresting an offender, may
use force extend to cause death when the offence is punishable
by death.
o A police officer in attempt to fire a shot at an offender miss the
shot accidentally shot a fireman and caused his death. The police
officer was charged only with culpable homicide Dukhi Singh
Air
o The chief of police ordered his subordinates to open fire against a
mafia on a ground of public safety. The court rejected the
defence and ruled that every one of them was liable for murder
Sabha Naik

Exception 4: Sudden Fight

3 elements must be fulfilled.

o There must be a sudden fight
The deceased claimed that the accused took money. Only
one hours later, the accused came back with a knife an
axe. There was no sudden fight as there is element of
planning PP v Awang Ridhuan
o Absence of pre-meditation
Pre-meditation was not defined under the Penal Code.
Pre-meditation can be defined as a planning to cause an
injury due to grudge or previous threat Kunjo v PP
The deceased claimed that the accused took money. Only
one hours later, the accused came back with a knife an
axe. There was no sudden fight as there is element of
planning PP v Awang Ridhuan
o Without undue advantage
The deceased started the fight by punching the accuseds
eye. Later, the accused grabbed a glass and caused a fatal
injury. The court find that the use of such weapon was not
unusual PP v Seow Khoon Kwee

Exception 5: Consent

2 elements must be satisfied.

o The consent must be voluntarily given.
A snake charmer told his audience that if they were bitten
by the snake, she has the anecdote. Later, the victim
volunteered, and he was bitten by the snake and died. The
consent was not valid as there is misconception of fact
Poonai Fattemah
o The consent must be unequivocal and not just an expression of
willingness to die.
A woman rather die than go back to her mothers house.
Later, the accused (husband) kill her. Exception 5 was not
applicable as the wife did not unequivocally consented to
be killed Ambalathil Assainar
A student who had failed for three consecutive years asked
his wife to kill him. But, his wife asked him to kill her first
and then later kill himself. After he killed his wife, he got
arrested by the police. Exception 5 was applicable
Dasrath Paswan

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HOW TO ANSWER
Introduction

The parties involved in this situations are, A (Accused) and B (Victim).

The issue in this case is whether A can raise any defense under any of
exception in Sec.300 and reduce the punishment to Sec.304 of the
same code.

Conclusion

As a conclusion, as all the element was fulfilled/not fulfilled, the

accused may/not raise a defense under exception in Sec.300 and
reduce his punishment to Sec.304.