Defenses to Murder

 

Defenses to Murder 

There are various exceptions or defenses that can be invoked in cases of murder. These exceptions are intended to provide legal justifications or excuses for the actions of individuals who have caused the death of another person. It's important to note that the specific exceptions to murder may vary depending on the jurisdiction and legal system involved. Section 300 of the IPC illustrates various expectations or defenses to murder which are listed as follows:

• Grave and Sudden provocation: This defense is based on the argument that the defendant was provoked to commit the murder by another person's wrongful or unjustifiable conduct. Section 300 defines this exception as “Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by 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.” It means that the provocation must be sufficient to cause a reasonable person to lose control and act impulsively. Notwithstanding the fact that the accused should not have initiated the provocation.
• Right of self-defense: This defense allows individuals to use force, including deadly force, to protect themselves from imminent harm or death. It typically requires that the person reasonably believed that their life was in danger and that the use of force was necessary to protect themselves. Section 300 defines this exception as “Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defense (self-defense) of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defense without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defense.” 
• Lawful act of a public servant: If any public servant or any other individual helping a public servant exceeds the powers given to him by law which results in the murder of another person then he will not be guilty of the offence. It should be noted that the public servant should not have any bad intention towards the victim and should believe that the act performed was legal. Section 300 determines that “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.” 
• Insanity: In case, at the time of occurrence of the offense, the accused is suffering from any kind of mental illness then it may be considered a defense.
• Sudden conflict without premeditation: As per Section 300 of the IPC, another defense to murder is defined as “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 offender having taken undue advantage or acted in a cruel or unusual manner.” This means that a sudden fight results in the unexpected death of a person where the accused has no intention to kill another person and is done in the heat of passion. 
• Death with consent: The accused is not guilty of the murder if “the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.” In such a situation, three things are required to be proved which include the deceased’s permission, the age of the deceased should be over 18 years, and the consent was voluntary and free without any fear or misunderstanding.