IPC Section 300
Learn about IPC Section 300 defining murder in India. Read meaning, exceptions, punishment, and landmark case laws.
Homicide means the killing of a human being by another human being.
But not all homicides are murders. Some may be accidental, lawful, or without intent.
To clearly differentiate between culpable homicide and murder, the Indian Penal Code (IPC) defines Section 299 and Section 300.
While Section 299 explains culpable homicide, Section 300 defines when culpable homicide amounts to murder.
What is IPC Section 300?
Legal Definition (Text of Law)
Section 300 IPC – Murder:
Except in the cases hereinafter excepted, culpable homicide is murder if the act by which death is caused is done with the intention of causing death,
or—
(1) with the intention of causing such bodily injury as the offender knows is likely to cause the death of the person,
or—
(2) with the intention of causing bodily injury sufficient in the ordinary course of nature to cause death,
or—
(3) with the knowledge that the act is so imminently dangerous that it must, in all probability, cause death, and is committed without any excuse for incurring the risk.
Simple Explanation of Section 300 IPC
Section 300 explains when a culpable homicide becomes murder.
In simple terms:
If a person kills another with intent or knowledge that death is certain or very likely to happen — it is murder.
However, there are certain exceptions where the act may not be considered murder.
Difference Between Culpable Homicide and Murder
Aspect
Culpable Homicide (Sec 299)
Murder (Sec 300)
Definition
Causing death with intention or knowledge
Culpable homicide with a higher degree of intention or knowledge
Seriousness
Less severe
More severe
Punishment
Section 304 IPC
Section 302 IPC
Example
Hitting someone with a stick causing death unintentionally
Stabbing someone in the heart intending to kill
Intent
Knowledge that death may occur
Intention or knowledge that death will occur
Ingredients of Murder under IPC 300
For a homicide to be considered murder, any one of the following must be proved:
Clause
Condition
Example
1st Clause
Act done with intention to cause death
A shoots B intentionally to kill him.
2nd Clause
Act done with intention to cause bodily injury known to be likely to cause death
A knows B has a weak heart but still hits him hard on the chest, causing death.
3rd Clause
Act done with intention to cause injury sufficient in the ordinary course to cause death
A stabs B in the stomach; the injury naturally causes death.
4th Clause
Act done with knowledge that it is imminently dangerous and will probably cause death
A fires a loaded gun into a crowd knowing it may kill someone.
Exceptions to Murder under Section 300 IPC
Section 300 also provides five exceptions where culpable homicide is not considered murder.
Exception
Description
Example
1. Grave and Sudden Provocation
If the offender loses self-control due to sudden provocation.
A finds his wife in an affair and kills her lover instantly.
2. Private Defence
Death caused in the lawful exercise of self-defence.
A kills a robber in self-defence.
3. Public Servant Exception
Death caused by a public servant in good faith during duty.
A police officer shoots a criminal while controlling a riot.
4. Sudden Fight
Death caused in a sudden fight without premeditation.
Two people fight suddenly, and one dies unintentionally.
5. Consent
Death caused with the consent of the deceased (over 18 years).
A terminally ill patient consents to end his life painlessly.
Illustrative Examples
Example 1:
A plans and poisons B’s food intentionally, resulting in death.
→ Murder (Section 300)
Example 2:
A strikes B with a stick during an argument, not intending to kill, but B dies.
→ Culpable Homicide (Section 299)
Example 3:
A kills a person in self-defence when attacked.
→ Not Murder (Exception 2)
Graph: Difference Between Culpable Homicide and Murder
Category
Intent
Knowledge
Punishment
Culpable Homicide (Sec 299)
Lower
Possible
Section 304 (10 years – life)
Murder (Sec 300)
High
Certain
Section 302 (Death / Life Imprisonment)
Punishment for Murder (Section 302 IPC)
Offence
Section
Punishment
Murder
302 IPC
Death penalty or life imprisonment, and fine
Attempt to Murder
307 IPC
Up to 10 years imprisonment and fine
Landmark Case Laws under Section 300 IPC
Case Name
Year
Judgment Summary
Reg v. Govinda
1876
Defined difference between culpable homicide and murder.
Virsa Singh v. State of Punjab
1958
Clarified clause 3 of Section 300 – bodily injury sufficient to cause death.
K.M. Nanavati v. State of Maharashtra
1962
Landmark case on grave and sudden provocation.
State of Andhra Pradesh v. Rayavarapu Punnayya
1976
Explained that every murder is culpable homicide, but not vice versa.
Rajwant Singh v. State of Kerala
1966
Intention and knowledge are key elements of murder.
Legal Classification of Murder
Nature of Offence
Details
Cognizable
Yes
Bailable
No
Compoundable
No
Triable By
Court of Session
Summary Table
Aspect
Details
Law
Indian Penal Code, Section 300
Offence
Murder
Intent Required
Yes
Knowledge Required
Yes
Exceptions
5 (Provocation, Defence, Public Servant, Sudden Fight, Consent)
Punishment (Sec 302)
Death or Life Imprisonment
Bailable?
No
Compoundable?
No
Conclusion
IPC Section 300 defines the thin line between culpable homicide and murder.
If the act of killing is intentional, premeditated, or done with knowledge that death is certain, it amounts to murder.
However, when there is sudden provocation, self-defence, or no intention to kill, it may fall under Section 299 instead.
This distinction ensures that justice is delivered based on both the act and the intent behind it.
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