Name : Somineni Akhila
Course:
BBA.LL. B
Semester: 2nd
semester
College: Vignan
Institute of Law
MURDER AND CULPABLE HOMICIDE
INTRODUCTION
Murder and Culpable homicide seem to be more similar to each other but they are not similar. Murder means causing bodily harm to a person with an intention which leads to death of a person whereas Culpable homicide is causing bodily harm to a person with an intention which is likely to cause death of a person. Section 299 of Indian Penal Code deals with the definition of Culpable homicide and Section 300 of Indian Penal Code deals with the definition of Murder.
MURDER: -
The term “Murder” traces its origin from the Germanic
word “morth” which means ‘secret killing’[1].
Murder means killing one person by a person or a group of persons with an
intention to end his life. Section 300 of Indian Penal Code deals with Murder.
Murder requires the following ingredients. They are: -
1)
Causing
death- There should be
an intention of causing death.
2)
Doing
an act- There should be
an intention to cause such bodily injury that is likely to cause to cause
death.
3)
Knowledge
of the act- The act must be
done with the knowledge that the act is likely to cause the death of another.
Example: -
‘A’ shoots ‘B’ with a gun with
an intention of killing ‘B’. As a result, ‘B’ dies. Here, the murder is
committed by ‘A’.
CULPABLE HOMICIDE:
-
The word “Homicide” is derived
from the Latin word “Homo” which means ‘man’ and “cida” which means ‘killing’.
Homicide means killing of a man by a man. It can be lawful or unlawful.
Lawful homicide may include justifiable and excusable
homicide[2].
Unlawful homicide may include death by rash and negligent act (Sec 304-A),
suicide (Sec 309) or culpable homicide.
According to Section 299 of IPC, Culpable homicide is-
whoever causes death by doing an act with the intention of causing death, or
with the intention of causing such bodily injury as is likely to cause death,
or with the knowledge that he is likely by such act to cause death, commits the
offence of culpable homicide.
In India, Culpable homicide is divided into two
categories. They are: -
·
Culpable
homicide amounting to murder
·
Culpable
homicide not amounting to murder
Culpable Homicide amounting to murder
It can be simply referred to as Murder which comes
under Section 300 of Indian Penal Code 1862.
There are 4 conditions to fulfill this Section. They
are: -
1)
The
intention of causing death.
2)
The
intention of causing such bodily injury as the offender knows to be
likely to cause the death of the person to whom the harm is caused.
3)
With
the intention of causing bodily injury to any person and the bodily injury
intended to be inflicted is sufficient in the ordinary course of nature
to cause death.
4)
The
person committing the act knows that it is so imminently dangerous that it
must, in all probability, cause death or such bodily injury as is likely to
cause death, and commits such act without any excuse for incurring the risk of
causing death or such injury as aforesaid.
Example: -
·
A
knows that B has tumor in his head.
·
A
hits B’s head continuously with a bat with the intention of killing B.
·
As
a result, B dies.
·
A
is liable for murder.
Culpable homicide not
amounting to murder
It can be simply referred to
as Culpable homicide which comes under Section 299 of Indian Penal Code 1862.
There are 3 conditions to
fulfill this Section. They are: -
1)
The
intention of causing death.
2)
The
intention of causing such bodily injury as is likely to cause death.
3)
With
the knowledge that he is likely by such an act to cause death.
Example: -
·
A
without knowing that B has a tumor in his head, hits B with a bat forcedly,
with the intention of causing death or with the knowledge that death is likely
to be caused.
·
As
a result, B dies because of the bursting of the tumor.
·
A
is liable for culpable homicide not amounting to murder.
Culpable homicide by causing
the death of a person other than the person whose death was intended
Section-301 of the Indian Penal Code states that: -
A person commits culpable
homicide when he causes the death of another person while trying to kill other
person. Here, the intention of the person who killed or caused harm to another
person whom he is not intended to kill or cause harm is not considered.
Example: -
·
A,
who was angry on B, plans and buys a gun to kill B.
·
He
spots and shoots B.
·
Accidentally
the bullet deflects because of a pole and kills C.
·
According
to Sec.301, A has committed culpable homicide.
PUNISHMENTS
Section 302 of IPC deals with punishment for murder.
Whoever commits murder, are punishable under
Section 302 of the Indian Penal Code with death or life imprisonment or life
imprisonment with fine. It is non-bailable and non-compoundable.
Section 304 of IPC deals with punishment for culpable
homicide not amounting to murder.
Whoever commits culpable homicide not amounting to
murder are punishable under Section 304 of the Indian Penal Code with life
imprisonment or imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine[3].
Section 304-A deals with causing death due to
negligence.
Whoever causes the death of any person by doing any
rash or negligent act not amounting to culpable homicide shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.
Culpable Homicide Is Genus and Murder Is
Its Species.
All murders are culpable homicides but
all culpable homicides are not murders.
CONCLUSION
Both Murder and Culpable homicide looks similar. But
there is small line difference i.e., Intention. In Murder, degrees of
criminality are more compared to Culpable homicide not amounting to murder.
Murder leads to death of a person whereas Culpable homicide may not lead to murder.
PERSONAL POINT OF VIEW ON MURDER AND CULPABLE HOMICIDE
Murder and Culpable homicide look similar but they are
not similar. Both leads to death of a person. But the main point of difference
is Intention. Intention plays a major role.
When one person or a group of persons plans and kills
a person intentionally, it is known as Murder. Section 300 of Indian Penal Code
deals with the definition of Murder. Section 302 of Indian Penal Code deals
with the punishment for murder. The offender was punished under Sec.302 of IPC
with death or life imprisonment (sometimes with fine). It is non-bailable.
When a person or a group of persons intends to cause
bodily harm which is likely to cause death of a person, it is known as Culpable
homicide. Section 299 of Indian Penal Code deals with the definition of
Culpable homicide. Section 304 of Indian Penal Code deals with the punishment
for Culpable homicide. The offender was punishable under Sec.304 of IPC with
life imprisonment or imprisonment of either description for a term up to ten
years or may be liable for fine. Culpable homicide may be lawful or unlawful.
Culpable homicide was divided into two categories.
They are: -
1.
Culpable
homicide that amounting to murder- It is similar to murder, in which one person intentionally cause injury
to other person that leads to death of that person.
2.
Culpable
homicide that not amounting to murder- It is simply refers to the Culpable homicide, in
which one person cause harm to other person intentionally which is likely to
cause death of that person. But does not intend to kill that person.
If a person A
tries to kill person B, but accidentally kills person C, then the person A will
be liable equally and punished as he killed the person B. He cannot defense
that he was not intended to kill C. Law will only consider A’s intention to
kill a person.
All murders are culpable homicides but all culpable
homicides are not murders.
BIBLIOGRAPHY: -
1.
https://acadpubl.eu/hub/2018-120-5/1/82.pdf
2.
https://articlesonlaw.in/culpable-homicide-murder/
3.
https://lawpage.in/ipc/article/culpable-homicide-and-murder
7.
https://www.aaptaxlaw.com>ipc
8.
https://indiankanoon..org>doc
9.
https://www.myadvo.in>bare-acts
