| Q.1- | What are the Kinds of homicide? |
| Ans.- | Homicide is either lawful homicide or unlawful homicide |
| Q.2- | Under which sections homicide is lawful? |
| Ans.- | A lawful homicide is either excusable or justifiable. Under sections 80, 82, 84, 85, 87, 88 and 89 it is excusable and under sections 76-79, 81, 100 & 103, it is justifiable. |
| Q.3- | What are the categories of unlawful culpable homicide? |
| Ans.- | * Culpable homicide amounting to murder (sections 300 & 302)
* Culpable homicide not amounting to murder (sections 300 & 304-I) * Culpable homicide (Sections 299, 301 & 304-II) |
| Q.4- | Define culpable homicide. |
| Ans.- | A person commits the offence of culpable homicide, who causes death by doing an act with – (i) the intention of causing death, or (ii) the intention of causing such bodily injury as is likely to cause death, or (iii) the knowledge that he is likely by such act to cause death. [Section 299] |
| Q.5- | Give illustration of culpable homicide? |
| Ans.- | A, by shooting at a fowl with intent to kill and steal it, kills B who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death. |
| Q.6- | What are the elements of culpable homicide? |
| Ans.- | (i) the causing of death of human being,
(ii) the doing of an act (physical conduct of a person), and (iii) presence of the intention of casing death or knowledge that the act was likely to cause death (the mental attitude of that person towards the consequences of such conduct). |
| Q.7- | Whether death of Nirbhay caused after 12 days of commission of rape and sexual assault is case of culpable homicide? |
| Ans.- | Yes. It is perfect case of culpable homicide. Now, it is separate offence under section 376A of IPC, which is punishable with death. |
| Q.8- | Give illustrations of acts caused culpable homicide? |
| Ans.- | None of the endless variety of modes, by which human life may be cut short before it becomes in the course of nature extinct, is excluded. Death may be caused by poising, starving, sticking, drawing and by hundred different ways. |
| Q.9- | What do you mean by mens rea under section 299? |
| Ans.- | It is intention or knowledge-
Ø with the intention of causing death; or Ø with the intention of causing bodily injury as is likely to cause death; or Ø with knowledge that doer is likely by such act to cause death. |
| Q.10 | Where, multiple injuries received by the deceased persons, were caused by blunt weapons like lathis and they were of minor character and none of the injuries was on any vital part whereas. Whether it is murder or culpable homicide? |
| Ans.- | It is culpable homicide under Part II of section 304 of IPC. |
| Q.11 | Define offence of casing death by negligence? |
| Ans.- | 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. [S.304A]. |
| Q.12 | Define offence of attempt to culpable homicide? |
| Ans.- | According to section 308, whoever does any Act with such intention or knowledge and under such circumstances that, if he by that Act caused death, he would be guilty of culpable homicide not amount to murder. |