300

Assalamualaikum...

Ladies and gentlemen...We are going to look the special exceptions on Section 300 of Penal Code.

Introduction

Section 300 can be applied to mitigate sentence from murder(Section 300) to culpable homicide(Section 299).This section does not allow the person charged from acquitted but its allow the person charged constitute upon mitigation.



Exception 1

-Culpable homicide is not murder if the offender,whilst deprived the power of self control by grave or sudden provocation,causes the death of the person who gave the provocation,or causes death to any person by mistake or accident.

The exception above is subject to following provisions:
1-that the provocation is not sought or voluntary provoked by the offender as an excuse for killing or doing harm to any other person.
2-that the provocation is not given by anything done in obedience to the law,or by a public servant in the lawful exercices of the powers os such public servant.
3-that the provocation is not given by anything done in the exercices of the right of private defence

Exception 2

-Culpable homicide is not murder if the offender,in the exercices in good faith of the right of private defence of persons or property,exceeds the power given to him by law,causes the death against the person to whom he is exercising such right of defence,without premeditation or without any intention of doing more harm than is necessary for the porpose of such defence.

Exception 3

-Culpable homicide is not murder if the offender,being a public servant or aiding a public servant acting in the advancement of public justice,exceeds the power given to him by law,causes the 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 towrads the person whose death is caused.

Exception 4

-Culpable homicide is not murder if it is committed without premiditation in a sudden fight in the heat of passion upon a sudden quarrel,or without the offender having taken undue advantage or acted in cruel or unusual manner.

Exception 5

-Culpable homicide is not murder when the person whose death is caused,being above the age of 18 years,suffers death,or takes the risk of death with his own consent.