Deaths-caused by intention or negligence and the law

                        Death is a natural phenomena of life. To every birth, there is definite death, but our civilized society is very strict about the un-natural deaths which are caused intentionally or by negligent act of others. Indian Penal Code describes the following types of deaths :

• Death caused intentionally.
• Death caused by negligent act.

                        The words intention and negligence act make great difference in the gravity of offence in the eyes of law. Punishment for offence caused intentionally or with motive is massive whereas punishment for offence caused negligently is quite less. The punishment for death caused intentionally or with a motive is imprisonment for life and punishment for death caused by negligent act  is two years or little more.

                         The action taken in good faith is not an offence. The sections 96-106 of the Indian Penal Code describe the right of private defence. The action taken in self defence is not an offence but this right of self defence extends to a defined limit as per section 96-106. As per section 100 of  Indian Penal Code, right of private defence of the body extends to causing death which means the victim can cause death of the accused in his defence.

                        The un-natural deaths whether intentional or caused by negligence are described below as per provisions of the Indian Penal Code :

Culpable homicide : Whenever someone causes death with intention of causing death any similar act is called culpable homicide (304 IPC).

                         e.g. a person lays a turf over a well with the intention of causing death, some other person believing the ground to be firm treads on it, falls in and dies as result, has committed culpable homicide. Punishment for culpable homicide is imprisonment for life or for 10 years.

Murder :  Culpable homicide is a murder if death is caused with intention of causing death or bodily injury with the intention of causing death (u/s 302 IPC).

                        e.g. a person shoots another person with the intention of killing him. The person dies in consequence. Murder is committed. The punishment for murder is from imprisonment for life to death and fine. Death penalty is only rarest of rare cases or if murder is committed by life convict (imprisonment for life).

                        There is a little difference between murder and culpable homicide. If a person has the intention to kill someone but is not certain who be the victim comes under the definition of culpable homicide whereas if a person has definite intention and motive to kill someone and kills him has committed murder. All culpable homicide are murder but all murders are not culpable homicide.

Attempt to murder : If any person attempts to commit murder shall be punished with imprisonment for 10 years or for life. If attempt to murder is caused by a life convict punishment is death.

                           Suppose a person shoots at another person, he has committed an offence u/s 307 IPC i.e attempt to murder and offence is punishable with imprisonment up to 10 years. If hurt is caused, punishment is upto imprisonment for life.

Causing death by negligence : Whenever death is caused by rash and negligent act is punishable u/s 304 A IPC for which punishment is up to two years or fine or both.

                          Accident cases  of rash and negligent driving or other cases of negligence in which death is caused are covered under this section.

Other sections of Indian Penal Code by which un-natural deaths are caused are :

Dowry death : Described in earlier post.

Abetment of suicide : If any person commits suicide as result of abetmet by another person, the person who abets is  punishable u/s 305,306 IPC .Punishment is imprisonment for 10 years or for life.

Note : The above section 305, 306 IPC are applied only if suicide has been committed.

                         If any person attempts to commit suicide, the person who attempts to commit suicide has committed an offence against himself. e.g. a person jumps into a well to commit suicide  and is saved, has committed an offence u/s 309 IPC against himself.

                        If any lady jumps into a well in order to escape herself from her husband,  has not committed offence u/s 309 IPC  and same will be dealt u/s 498A which is described in earlier post.