Culpable Homicide and Murder
The Indian Penal Code (IPC) is the main criminal code of India, which sets out the various offences and their punishments. Two of the most serious criminal offences in the IPC are murder and culpable homicide. Both of these offences are punishable by imprisonment, and sometimes even by the death penalty.
Culpable homicide is defined under Section 299 of the IPC, and it refers to the act of causing death to another person by an act done 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 the act is likely to cause death. Culpable homicide can be classified as either “culpable homicide not amounting to murder” or “culpable homicide amounting to murder”, depending on the circumstances of the case.
Culpable homicide not amounting to murder is defined under Section 304 of the IPC, and it refers to the act of causing death to another person by an act done with the intention of causing such bodily injury as is likely to cause death, but without the intention of causing death. Culpable homicide not amounting to murder is punishable by imprisonment for up to 10 years, and/or a fine.
Culpable homicide amounting to murder is defined under Section 300 of the IPC, and it refers to the act of causing death to another person 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 the act is likely to cause death, and where the act is done without any provocation from the victim, or in circumstances that are not covered by the exceptions to murder. Culpable homicide amounting to murder is punishable by imprisonment for life, or the death penalty.
Murder is defined under Section 300 of the IPC, and it refers to the act of causing death to another person 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 the act is likely to cause death, and where the act is done with the intention of causing such bodily injury as the offender knows to be likely to cause death. Murder is punishable by imprisonment for life, or the death penalty.
One of the key differences between culpable homicide and murder is the presence of “malice aforethought”. Malice aforethought means the intention to cause harm or injury, and it is required for an act to be considered murder. Culpable homicide, on the other hand, does not require malice aforethought, but it does require that the act was done with the intention of causing harm or injury that is likely to result in death.
In conclusion, both culpable homicide and murder are serious criminal offences under the IPC, and they carry significant penalties. Culpable homicide is the act of causing death to another person with the intention of causing harm or injury that is likely to result in death, while murder is the act of causing death to another person with the intention of causing such bodily injury as is likely to cause death. Understanding the differences between these two offences is important for both legal professionals and the general public.
