Definition :- Except in the case hereinafter expected, culpable homicide is murder ,if the act by which the death is caused is done with the intention of causing Death, or –
Example :- A shoots Z with the intention of killing him, Z dies in consequence , A commits Murder .
Exception :- 1 . ( When culpable homicide is not Murder )- culpable homicide is not a Murder . if the offender, whilst deprived of the power of self- control grave and sudden provocation , causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.
Exception :- 2 . (When culpable homicide is not Murder) – culpable homicide is not Murder . if the offence , in the exercise of good faith of the right of private defense of a person or property ,exceeds the power given to him by law and cause the death of that person against whom he is without premeditation , and without any intention of doing more harm than is necessary for the purpose of such defense .
Exception :- 3 . (When culpable homicide is not Murder)- culpable homicide is not Murder , if the offender , being a public servant or aiding , a public servant acting for the advancement of public justice , exceeds the powers given to him by law , and causes death by doing an act which he, in good faith,believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill – will towards the person whose death is caused .
Exception :- 4 . (When culpable homicide is not Murder)- culpable homicide is not Murder , if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner .
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Exception :- 5 . (When culpable homicide is not Murder)- culpable homicide is not Murder , when the person whose death is caused , being above of the age of eighteen years , suffers death or take the risk of death with his own consent.
अत्यधिक ज्ञानवर्धक और कानून की जानकारी न रखने वालों के लिए उपर्युक्त साइट।
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