(a) "Homicide means killing of a human being by a human being." Explain the statement and distinguish between culpable homicide amounting to murder and not amounting to murder. (20 marks)

(b) "Right to private defence is a valuable right but it must

Question

(a) "Homicide means killing of a human being by a human being." Explain the statement and distinguish between culpable homicide amounting to murder and not amounting to murder. (20 marks)

(b) "Right to private defence is a valuable right but it must be exercised reasonably." Explain with examples. (15 marks)

(c) "Nuisance is no branch of negligence." Explain. Describe who can sue and who is liable for nuisance. (15 marks)

UPSC Answer Check · Accepted Answer

Homicide and murder

Homicide (homo + cida) is killing of a human being by a human being. It is a genus; culpable homicide under S299 IPC is a species where death is caused by an act done with intention to cause death, with intention to cause bodily injury known to be likely to cause death, or with knowledge that the act is likely to cause death. Murder under S300 is culpable homicide with a graver mental element: (1) intention to cause death; (2) intention to cause such bodily injury as the actor knows is likely to cause death; (3) intention to cause such bodily injury as is sufficient in the ordinary course of human affairs to cause death; (4) intention to commit an offence or cause bodily injury likely to cause death, without any excuse, and death ensues; or (5) knowledge that the act is likely to cause death, and death ensues. Culpable homicide is not murder either when the act does not satisfy any clause of S300, or when it falls within the exceptions, becoming culpable homicide not amounting to murder under S304.

| Exception | Illustration |
|---|---|
| Grave and sudden provocation | A kills B in heat of passion after insult. |
| Excessive private defence | A kills a thief though only force was needed. |
| Consent | A causes B’s death at B’s request, without intention to kill. |
| Unsound mind | A, not knowing the act’s nature, kills B. |
| Diminished responsibility | A kills B while substantially impaired by mental disturbance. |

Private defence

S96 IPC gives a right to private defence of body and property. It is a temporary shield, not retaliation. S99 denies the right against an act by a public servant acting in good faith under colour of office, or under his direction, only if the act does not reasonably cause apprehension of death or grievous hurt; if such apprehension is reasonably caused, the right exists. S100 permits causing death or injury to an assailant when the assault gives rise to reasonable apprehension of death or grievous hurt, or is an assault with intention to commit rape or to kidnap/abduct. S103-S104 extend property defence against theft, robbery, mischief, criminal trespass; death may be caused only in specified cases such as robbery, house-breaking by night, mischief by fire, or theft where there is reasonable ground to apprehend death/grievous hurt if resisted. S106 requires that the harm caused not exceed what is reasonably necessary; the test is reasonable apprehension and proportionality. In Kishan Singh v. State of Haryana (2005) 11 SCC 646, the court examined whether force was proportionate to the threat. A householder may repel a thief by day with non-lethal force, but not kill him; against an armed robber, lethal force may be justified if necessary.

Nuisance

Nuisance is not a branch of negligence. In Sedleigh-Denfield v. O’Callaghan [1940] AC 880, nuisance was treated as an independent tort: liability may arise from creating or continuing an unreasonable interference with use and enjoyment of land or a public right, without proof of negligence. Negligence requires duty, breach and damage. Private nuisance is available to an occupier or person with exclusive use of land; public nuisance affects the public, and any member suffering special damage may sue, while the Advocate General may sue on behalf of the public. Liability may fall on the creator, occupier, predecessor in title, a landlord who authorises the nuisance, and, where relevant, a landlord bound by repair covenants. Statutory authority can be a defence if the nuisance is reasonably necessary and precautions are taken. Indian examples include industrial effluent polluting a river, construction noise, encroachment on a public road, and sewage overflowing into a neighbourhood.

Thus, these doctrines balance individual rights and social order.

(a) "Homicide means killing of a human being by a human being." Explain the statement and distinguish between culpable homicide…

Model answer

What "Explain" is asking you to do

Structure that answers it

Where marks are lost

How this answer will be evaluated

Approach

Key points expected

Evaluation rubric

Must cover

Loses marks

Earns more

Extra mark

Must cover

Loses marks

Earns more

Extra mark

Must cover

Loses marks

Earns more

Extra mark

Practice this exact question

More from Law 2025 Paper II