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| | The Legal Needs Network is not currently active and cannot accept new posts | | Penal Code and BMW judgment | Views: 475 | | Sep 08, 2008 11:02 am | | Penal Code and BMW judgment | # |
charuhasan | | Sir
The editorial in the Hindu about BMW case gives a vague suggestion that the Penal Code needs amendment as to when a rash and negligent act becomes culpable homicide. It is stated under sec 300 when culpable homicide amounts to murder which for all my 58 years of legal education sec 299 and 300 by way of definitions amounts to the same thing except for the exception under 300. The framers had been so thorough that sec 301 defines culpable homicide committed without knowledge or intention of causing the death a person other than the one intended.
I agree with the interpretation of the Honorable judges when causing death by a rash and negligent act in cases of such negligence with little respect for human life can become a culpable homicide. The Indian Penal Code had been the guidance book for all the countries of the world in the matter of Law of Crimes.
S.Charuhasan
8-9-2008
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Section 299. Culpable homicide
Who ever 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.
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-
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.
I-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 provocations 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 provocations 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.
Section 301. Culpable homicide by causing death of person other than person whose death was intended
If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.
Private Reply to charuhasan | | Sep 08, 2008 4:20 pm | | re: Penal Code and BMW judgment | # | 
Ritu | | Yeah, a murder is a murder is a murder ( apart from a murder committed in self defence )...you (generic) just can't kill a person n say galti se mistake ho gaya. Whether you intended it or not you killed someone you fu**ing moron. Private Reply to Ritu | | |
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