Section 300 IPC defines murder. Murder is culpable homicide that falls within the four enumerated clauses of s300 UNLESS
AAny one of the five exceptions to s300 applies (provocation, exceeding private defence, public servant exceeding powers, sudden fight, consent of person above 18)
BThe accused is over 60 years old
CThe act was committed in self-defence at any level
DThe act took place at night
Answer & Solution
Correct answer: A. Any one of the five exceptions to s300 applies (provocation, exceeding private defence, public servant exceeding powers, sudden fight, consent of person above 18)
Section 300 is the s299 mens rea PLUS one of four 'aggravating' limbs, MINUS the five exceptions. The exceptions reduce murder back to 'culpable homicide not amounting to murder'.
Related questions
Section 90 IPC explains that consent given under fear or misconception is NOT consent. In Sec 300 'fourthly' criminalises an act done with knowledge that it is SO imminently dangerSection 96 to 106 (private defence) embeds a 'reasonable apprehension' standard. Which staIn Virsa Singh v State of Punjab (1958), the Supreme Court interpreted s300 'thirdly' (intUnder Indian criminal jurisprudence, 'mens rea' is sometimes excluded bySection 320 IPC enumerates 'grievous hurt' in eight categories. Which of the following is Section 107 IPC defines abetment as instigating, engaging in conspiracy to commit, or inteException 1 to Section 300 (grave and sudden provocation) is unavailable if