Culpable Homicide & Murder
Culpable Homicide
Culpable Homicide under section 299 -
The word homicide is derived from two Latin words - homo and cido. Homo means human and cido means killing by a human. Homicide means killing of a human being by another human being. A homicide can be lawful or unlawful. Lawful homicide includes situations where a person who has caused the death of another cannot be blamed for his death. For example, in exercising the right of private defense or in other situations explained in Chapter IV of IPC covering General Exceptions. Unlawful homicide means where the killing of another human is not approved or justified by law. Culpable Homicide is in this category. Culpable means blame worthy. Thus, Culpable Homicide means killing of a human being by another human being in a blameworthy or criminal manner.
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.
Now, culpable homicides are of two types - firstly, those which amounts to murder and secondly, those which does not amount to murder.
Homicide is a term generally used to describe when one person kills another person, be it intentional, unintentional, pre-meditated or not-pre-meditated.
Ingredients -
1. Intention of causing death
2. Intention of causing such bodily injury as is likely to cause death
3. Knowledge that the act done is likely to cause death.
Murder Under section 300
Murder is a criminal homicide, where the perpetrator intended to kill the other person, sometimes with premeditation/malicious intent. And consequences will be severe.
Murder is a type of Culpable Homicide where culpability of the accused is quite more than in a mere Culpable Homicide.Section 300, says that Culpable Homicide is Murder if the act by which the death is caused is done
Ingredients -
1. Intention of causing death
2. Intention of causing such bodily injury which is likely to cause death of the person, and this is known to the offender
3. Intention to cause such bodily injury as is sufficient in ordinary course of nature to cause death of a person
4 Knowledge that the act done is sufficiently dangerous that in all probabilities it must cause death, or cause such bodily injury which is likely to cause death, and the act is done without any excuse to cause death or such bodily injury.
Let's look at the similarities.
In both the cases there is Intention to cause death. In both the cases there iskilling of a human being.
Difference between Murder and Culpable Homicide
Thus, it can be seen that Murder is very similar to Culpable Homicide and many a times it is difficult to differentiate.
Culpable homicide / MurderThe term is not used in the United States law system / The term is used in the United States law system
Not all culpable homicides are murders / All murders are culpable homicides
Is a negligent act / Is an intentional act
Is the less serious offence / Is the more serious offence
Simply, murder requires intention, whereas culpable homicide requires negligence.