What is the Difference Between Murder and Culpable homicide?

 

Murder and Culpable Homicide are two different offences under the Indian Penal Code (IPC) that deal with the unlawful taking of another person's life. While both offences involve causing the death of another person, there are some key differences between them.

Murder, as defined in Section 300 of the IPC, is the intentional killing of another person with the intention of causing death or with the knowledge that the act is likely to cause death. In other words, murder involves premeditation and the deliberate intent to kill.

On the other hand, Culpable Homicide is defined in Section 299 of the IPC as the act of causing the death of another person by doing an act that is likely to cause death, but without the intention of causing death or with knowledge that the act is likely to cause death. In other words, Culpable Homicide involves causing death without premeditation or deliberate intent to kill.

The key difference between the two offences is the presence or absence of intention to cause death. In murder, the accused person must have the intention to cause death, whereas in culpable homicide, there may not be an intention to cause death, but the act is still likely to cause death.

The punishment for murder is more severe than the punishment for culpable homicide. Murder is punishable with life imprisonment or the death penalty, whereas culpable homicide is punishable with imprisonment for up to 10 years, or a fine, or both.

It is important to note that determining whether an offence is murder or culpable homicide is a question of fact and depends on the specific circumstances of each case. The prosecution must prove beyond a reasonable doubt that the accused person had the intention to cause death or that the act was likely to cause death in order to establish murder.

Culpable Homicide is defined under Section 299 of the Indian Penal Code (IPC), which deals with the offences relating to causing death. The section provides for the punishment of a person who causes the death of another person by doing an act that is likely to cause death, but without the intention of causing death or with knowledge that the act is likely to cause death.

Section 299 of the Indian Penal Code - IPC defines Culpable Homicide as "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."

It is important to note that culpable homicide can be classified as either "culpable homicide amounting to murder" or "culpable homicide not amounting to murder," depending on the facts and circumstances of the given case.

 

1. The act must be the cause of death: For an act to constitute culpable homicide, it must be the cause of the death of the victim. The act need not be the immediate cause of death, but it must be a significant cause of the victim's death.

2. The act must be done with the intention of causing bodily injury likely to cause death: Culpable Homicide can also occur when a person does an act with the intention of causing bodily injury to another person, knowing that the injury is likely to cause death. This condition requires a degree of intention or knowledge on the part of the accused.

3. The act must be done with knowledge that it is likely to cause death: Even if a person does not intend to cause death, they may still be guilty of culpable homicide if they knew that their act was likely to cause death. This condition requires the accused to have a level of knowledge about the consequences of their actions.

4. The act must not be done in self-defence: Culpable Homicide does not occur when a person causes the death of another person in self-defence. The act must be an unjustifiable act that causes the death of another person.

5. The act must not be covered under other specific offences: If the act causing death is covered under other specific offences, such as murder or manslaughter, then it cannot be considered culpable homicide.

It is important to note that the specific circumstances of each case can affect the application of these conditions, and legal advice should always be sought in such cases.