Section 304 IPC in a Nutshell

Index
1. Introduction
2. Definition of Culpable Homicide
3. What is Murder?
4. Types of Culpable Homicide (304 IPC)
5. Elements of Section 304 IPC
6. Types of Punishment (304 IPC)
7. Section 304 IPC
8. Section 304A IPC
9. Section 304B IPC
10. Conclusion

Introduction

• Chapter XVI of the IPC covers the punishments to be given when the human body is harmed or an individual’s life is lost. 
• The penalties for one of these offences, culpable homicide that does not amount to murder, are laid out in Section 304 of the IPC.
• The following paragraphs aim to provide an extensive overview of Section 304 of the IPC as this applies to the criminal industry. 

What is Culpable Homicide?

Section 299 of Chapter XVI of the IPC, which is the first section, defines the phrase “culpable homicide.” When someone willfully kills someone else or commits an act knowing it would likely result in death, they have committed culpable homicide. A person commits culpable homicide, according to Section 299 of the IPC, when:

That person willfully commits a crime that results in the death of another person. That person brings on any “bodily hurt” that ends in another person’s death. That person either acts with the purpose of killing someone or with the awareness that their actions might kill someone without intending to.

What is Murder?

Section 300 of the IPC contains a definition of murder. It is the most serious offence ever committed. According to Section 300, murder is a sort of culpable homicide in which a person knowingly causes death or physical damage with the purpose of doing so. There is a difference between Murder & Attempt to Murder.

What are the types of culpable homicide under Section 304 IPC?

Section 304 IPC separates culpable homicide into three categories based on the severity of the offence to establish the appropriate amount of punishment. 

The first degree of culpable homicide is covered by Sections 300 and 302, whereas the other two degrees are covered by Sections 304 (Part I) and (Part II) of the IPC, respectively:

• Murder is the most severe and serious type of culpable homicide, according to Section 300. This is also known as “first-degree culpable homicide.”
• The second is referred to as “culpable second-degree homicide.” This constitutes a responsible homicide that is murder. When compared to the first degree, this is less serious. It is prohibited by Section 304 IPC, Part I.
• Third-degree culpable homicide is the least serious sort of culpable homicide. This constitutes a culpable homicide but not a murder. The least severe of the three degrees of punishment is meted out here. Under Section 304 (Part II) of the IPC, it is illegal.

What are the elements of Section 304 IPC?

As previously established, Section 304 IPC outlines the penalties for “culpable homicide not amounting to murder.”

Additionally, the following situations involved the use of Section 304 IPC. The following are discussed with pertinent legal precedents:

• At the last minute- Literally, it refers to a spontaneous action that is carried out without prior thought or preparation.
• Self-Defence- It is determined that the accused was the aggressor under Section 304 if they only suffered minor injuries while the deceased suffered severe ones (Part I).
• Unexpected fight during the altercation – Change of Section 304 (I) to Section 300 (II)- It should fall under Section 300 (II) and not Section 304 if someone makes a sudden sight during a minor altercation and it results in death or any bodily injury causing death (Part I)
• Reckless behaviour that is both aware of and likely to have severe repercussions- When someone commits a “despicable aggravated offence,” they are subject to punishment under Section 304 (Part II) of the IPC rather than Section 304A of the IPC, which deals with negligence-related deaths.
• In-custody death– If a police officer abuses or tortures a detainee while the detainee is in custody and the detainee dies as a result, the conviction should be upheld in accordance with Section 304 IPC (Part II).

What are the Types of Punishment under Section 304 IPC?

As previously established, Section 304 IPC outlines the penalties for “culpable homicide not amounting to murder.”

Section 304 IPC (Part I) and Section 304 IPC (Part II) can be divided into two independent sections (Part II). Depending on the seriousness of the crimes committed, several punishment levels are applied.

• Section 304 IPC, Part I

A person who commits a crime that qualifies as “culpable homicide not amounting to murder” faces a sentence of life in prison or a term of up to ten years in jail, as well as a fine. The offence must be performed with both knowledge and good intentions.

• Section 304 IPC, Part II

According to the law, anyone found guilty of an act that results in death, an act that is undertaken with the intent to cause death or a physical injury that “is likely to result in death” faces a sentence of up to ten years in jail, a fine, or both. 

Additionally, it must be proven that the act was carried out knowing it would likely result in death but with no desire to do so or any bodily harm that would result in doing so.

It should be noted that Section 304 IPC places a strong emphasis on knowledge and intention when determining the severity of the punishment. Section 304 IPC (Part I) imposes a punishment of life in prison or ten years in jail plus a fine for acts done with both the purpose and knowledge. 

Conversely, under Section 304 IPC (Part II), a person shall be sentenced to ten years or a fine or both ten years imprisonment and a fine if the offence is committed with knowledge but without purpose.

Always seek Legal Consultation in case of any offence related to Section 304 IPC. 

IPC Section 304

Whoever commits culpable homicide not amounting to murder shall be punished as follows:

• If the act is done with the intention of causing death, or causing such bodily injury as is likely to cause death:
  • Imprisonment for life, or
  • Imprisonment of either description for a term which may extend to ten years, and
  • Shall also be liable to a fine.
• If the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death:
  • Imprisonment of either description for a term which may extend to ten years, or
  • With a fine, or
  • With both.

Field	Details
IPC Chapter	XVI
Section	304
Offence	Culpable homicide not amounting to murder
Punishment	If the act by which the death is caused is done with the intention of causing death, etc., Imprisonment for Life or 10 Years + Fine. If the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, etc., 10 Years or Fine or Both.
Cognizance	Cognizable
Bail	Non-Bailable
Triable By	Court of Session
Composition u/s 320 CrPC	The offence is NOT listed under Compoundable Offences

IPC Section 304 A

Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished as follows:

• Imprisonment of either description for a term which may extend to two years, or
• With a fine, or
• With both.

Field	Details
IPC Chapter	XVI
Section	304 A
Offence	Causing death by negligence
Punishment	2 Years or Fine or Both
Cognizance	Cognizable
Bail	Bailable
Triable By	Magistrate First Class
Composition u/s 320 CrPC	Offence is NOT listed under Compoundable Offences

IPC Section 304 B

Where any burns or bodily injury causes the death of a woman, or occurs otherwise than under normal circumstances, within seven years of her marriage, and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death.” Such husband or relative shall be deemed to have caused her death.

Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

Field	Details
IPC Chapter	XVI
Section	304 B
Offence	Dowry death
Punishment	Imprisonment for not less than 7 years, but up to life
Cognizance	Cognizable
Bail	Non-Bailable
Triable By	Court of Session
Composition u/s 320 CrPC	Offence is NOT listed under Compoundable Offences

Conclusion

Determining whether an act qualifies as “murder” or “culpable homicide” is crucial to determining the appropriate legal classification. Suppose the crime is later found to fall under the category of culpable homicide.

In that case, it becomes necessary to assess whether it qualifies as murder or not, as well as if knowledge and intention—or both—were present.

Although they are simple to discern in theory, they are more difficult to identify and differentiate in actual situations. To ensure fairness, the keywords should be appropriately targeted at the essential areas.