Section 304- Punishment for Culpable homicide not amounting to murder.

Section 304 IPC provides punishment for culpable homicide not amounting to murder.

As defined under the code, sec 304 IPC clearly states that -

“Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment for either description of a term which may extend to 10 years. 

The offender under this section shall also be liable to fine if the act by which the death is caused is committed with the intention of causing death, or of causing bodily injury which is likely to cause death. 

Or with imprisonment for either description of a term which may extend to 10 years, or with a fine, or with both, 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 which is likely to cause death.”

Example of Culpable Homicide: 

• If Person A succeeds in inducing Person B to put the place on fire, having the knowledge that Person C is sitting behind a covered area. In this scenario, Person B commits no offence, but Person A will be held guilty for committing an offence of culpable homicide. 
• The reason that makes Person A liable, is his/her prior knowledge that Person C is present behind a covered area and his/her act will definitely lead to Person B’s death. Here, intention makes the difference and makes Person A liable.

Most Read: IPC Section 302

The major confusion remains between the two sections of IPC, i.e. Sections 299 and 300 of IPC because of the fact that, these both sections talk about the death of a human being caused by another human being and in order to understand the concept of this section, it is necessary to know what the term Culpable Homicide means.

As defined under Section 299 of IPC, Culpable Homicide is committed when the death of a person is caused by doing an act or intention to cause bodily injury that is likely to cause death.  

Whereas, Murder has been defined under Section 300 which states that the act of culpable homicide will be considered as murder if, the act is committed with the intention to cause death. 

There are exceptions provided under this section which differs the act of culpable homicide from that of murder. These exceptions are as follows:

1. Grave and sudden provocation for mitigation
2. Exceeding the right of the private defence
3. Any public servant exceeding his/her powers
4. A sudden fight that resulted in a heated argument, later turned into a fatal argument, thereby leading to a fight, which hence, ended up causing the death of a person.
5. Consent - an act that causes the death of a person, but with his/her consent, which does not amount to an offence under the purview of this section. Such kind of deaths is better known as the mercy killing.

The Scope and Elements of Section 304 IPC

This section 304 of the Indian Penal Code divides the offence of culpable homicide not amounting to murder into two categories depending upon the nature and gravity of the offence:

1. In the first category, which is considered to be more serious and grave in nature liability has to be proved on the basis of intention of the person while committing the offence.
2. Whereas, the second category which is considered to be less serious in nature, the liability does not depend upon the intention.

Further, the scope of IPC 304 widened, covering the deaths caused by negligence and deaths in the cases of dowry.

Section 304(A) IPC states that whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Earlier, there were no provisions for the cases, where the death of a person was caused by the act of negligence. The sole basis of holding a person liable was either he was held liable for culpable homicide not amounting to murder or for the cases of murder only.

To bridge the gap between the two sections, section 304 A was inserted by the Indian Penal Code (Amendment) Act 2007 of 1870. In the acts of rash or negligence, the intention of the person is not to cause death to the other, neither he has knowledge that the act will cause death. 

To establish an offence under this section:

• The death of the person must be in question
• The death must have caused by the accused; and
• The act of the accused was rash or negligent and it did not amount to culpable homicide.

Whereas, section 304 B of the IPC states,- (1). “Where the death of a woman is caused by any burns or bodily injury 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”, and such husband or relative shall be deemed to have caused her death”. 

The explanation as provided under the act - For the purpose of this subsection, “dowry”, shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). 
(2). 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.

In order to deal with the anonymous cases of dowry death, suicides, bride burning, Section 304-B was inserted in the IPC through the Criminal Law (Amendment Act), 1986.