Culpable Homicide and Murder

Murder and Culpable Homicide are included in the Indian Penal Code 1860 as serious offences. Crimes against the human body include murder and culpable homicide. Section 299 of the Indian Penal Code refers to a Culpable Homicide, while Section 304 addresses a Culpable Homicide that does not qualify as murder. The Indian Penal Code 1860's Section 300 defines murder as a crime and its punishment under Section 302 of the same code.

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This Story also Contains

1. What is Culpable Homicide
2. Punishment
3. Murder Under IPC
4. Difference between Culpable Homicide and Murder
5. Conclusion

What is Culpable Homicide

The Latin words homi, which means "man," and cido, which means "cut or kill," are where the English word "homicide" began. Therefore, the term "homicide" refers to the murdering or butchering of a person by another person. Culpable homicide is defined as follows in Section 299 of the Indian Penal Code: "Whoever causes death by doing an act to cause death, or with the knowledge of causing such bodily injury as is probably cause death, or with the knowledge that he is likely to cause death by such act, commits the offence of Culpable Homicide."

Even in the absence of malicious intent, homicides can result from unintentional, thoughtless, or reckless action as all that is required for a murder to occur is a voluntary act or omission that results in the death of another person

Meaning of Culpability

One's level of culpability reveals their mental state. An individual's degree of culpability can be ascertained by classifying their conduct as knowing, reckless, negligent, or purposeful. Different degrees of culpability are attached to specific acts, which helps categorize an offence as either murder or culpable homicide that is not murder.

Meaning of Homicide

Homicide, which is defined as the death of one person by another, is the greatest crime perpetrated against a human being by another human being. However, the penalties for different types of homicides vary based on the degree of responsibility involved. There are very few exceptions to this rule, such as when someone defends oneself legitimately or murders someone while mad; in these situations, there is no criminal intent and the offender is legally exonerated.

Essentials of Culpable Homicide

• Act resulting in a person’s death

• Such an act may have caused the death

• The Act needed to be completed.

• With the knowledge that an act is likely to result in the death of the victim, with the purpose or intention of causing death, or to produce bodily damage that is likely to cause death.

The death of a human being is insufficient. An act cannot be categorized as a Culpable Homicide if it results in death unless one of the mental states listed in the component is also present.

Punishment for the offence of Culpable Homicide

Culpable homicide is not considered murder if it falls within one of the five exceptions specified in Section 300. According to Section 304, culpable homicide that does not constitute murder carries a life sentence or a maximum of ten years in jail as well as a fine.

Culpable Homicide not amounting to Murder

The Indian Penal Code, 1860, Section 299, addresses the elements of culpable homicide that do not qualify as murder. To exclude responsible homicide from being considered murder, these three essential components must be demonstrated.

• To bring about death

• To supply physical care that could be fatal

• Being aware that the deed would cause death

Section 304 of the Indian Penal Code 1860 prescribes the penalty for negligent homicide that does not qualify as murder. Part 1 of Section 304 stipulates that life in prison or a sentence of either kind of imprisonment, with a maximum term of 10 years, awaits anyone found guilty of culpable homicide that does not qualify as murder. They could also face fines if the acts that resulted in the death were intended to murder or gravely harm someone.

According to Part 2 of Section 304 of the IPC, a person found guilty of culpable homicide that is not murder faces a fine, ten years of any type of imprisonment or both. if the action is taken knowing that it will probably result in death, but not intending to kill someone or inflict a bodily injury that will probably result in death.

These are the conditions according to which Culpable Homicide do not amount to murder-

• Culpable homicide is not the same as murder if the right to private defence is being invoked.

• It is not regarded as murder when a public official acts in good faith and commits culpable homicide.

• Culpable homicide is not murder if it happens on its own in the heat of a heated argument.

• It is not deemed murder when the victim of culpable homicide is older than eighteen and either passes away or willingly accepts the risk of dying.

Culpable Homicide Amounting to Murder

The conditions that must be satisfied for culpable homicide to be classified as murder are outlined in Section 300 of the Indian Penal Code 1860. The following elements have to be met for a responsible homicide to be considered murder. They're

• To bring about death means to inflict bodily damage on someone with the knowledge that the victim will eventually pass away.

• There is enough bodily damage to cause death.

The act's offender is acting in a way that raises the probability of death or substantial bodily damage that could kill, even while they are aware of the extreme danger involved and are not justifying taking such a risk.

Case Laws Relating to Culpable Homicide

In the case of Empress Ganesh Dooley & Gopi Dooley

In the following case, a snake charmer displayed a poisonous snake to the public without taking out its fangs. To show off his skill rather than hurting anyone, he placed the snake on a bystander's head. As the onlooker attempted to shoo the snake away, he got bitten and perished as a result. Since even egregious carelessness might qualify as knowledge, the snake charmer was found guilty of culpable homicide under the Indian Penal Code, which is different from murder.

In the case of K.M. Nanavati v. State of Maharashtra

The culprit in this case was a navy officer who killed Mumbai businessman Prem Ahuja so that he could have an extramarital affair with his wife. Following his wife's disclosure of their relationship, the accused boarded his ship, extracted his pistol, and proceeded to Prem Ahuja's residence. They got into a furious argument, and he shot him to death.

The questions in this case were whether the accused's actions qualified as an exemption to the murder rule and if they resulted in death through swift and severe provocation.

The accused was found guilty of Section 302 murder by the court based on the fact that he had left his home three hours before the murder. The defendant had ample time to regain his composure. His actions have led him to believe that the murder was carefully thought out and carried out.

Punishment

Punishment is administered following an illegal act. Criminals have been held responsible for their acts from the dawn of human society. In those prehistoric days, the people, the head of the village, or the society at large determined how to punish the violators because there were no formal laws in place. Criminals used to suffer horrible, extremely painful punishment. Then there were times of monarchy and punishment, during which the severity of the sentence was determined by the local king. As human civilization developed, laws were created, and the appropriate sentence and punishment were determined by the seriousness of the offence.

The punishment for culpable homicide and murder in India is the following:

• Culpable homicide does not amount to murder: This is punishable under Section 304 of the Indian Penal Code. The sentence is up to ten years or life in jail, as well as a fine.
• Murder: This is punishable under Section 302 of the Indian Penal Code. The punishment is either death or life in jail.
• The risk to human life is what distinguishes culpable homicide from murder. If death is likely to occur, it is considered culpable homicide; if it is the most likely outcome, it is murder.

Murder Under IPC

The term "murder" comes from the German word "morth," which means "covert killing." It tells about the intentional, planned murder of one person by another. In contrast to culpable homicide, this offence is seen as more severe. Murderous acts are included in the Code's Section 300 definition of culpable murder. Furthermore, unless an offence comes within the category of culpable homicide, it will not be considered murder. Therefore, it is possible to classify responsible homicide as a genus and murder as a species. Similar to culpable homicide, purpose and knowledge play a critical role. Murder has a higher chance of ending in death than culpable homicide.

Various Degrees of Murder

According to the Indian Penal Code 1860, there are six degrees of murder. They are-

1. First-degree murders involve the greatest amount of preparation with the victim.

2. Murders in the second degree occur when there is a clear purpose to hurt the victim but not to kill them.

3. Third-degree murders are committed because of the offender's carelessness or apathy.

4. A person who has helped an offender commit a crime is charged with fourth-degree murder.

5. Although justifiable homicide is murder, it is not prosecuted as such because it takes place in self-defence.

6. When a third party perishes while a crime is being committed, it is known as felonious murder.

Essential Elements of Murder

1. The act that results in death is carried out to produce death-

When the act is committed with the intent to cause death, it is considered culpable homicide, which is equivalent to murder. It should be mentioned that when an act is committed with the intent to kill, it may cause death as a result of an illegal omission.

2. The act of doing bodily injury despite knowing it will likely result in death-

Section 300(2) of the Code states that intentionally inflicting physical harm on a person knowing they will die renders the perpetrator guilty of culpable homicide, which is the same as murder. The act of intentionally causing bodily damage with the knowledge that the victim will eventually die is what constitutes this type of offence.

3. Any act that is intended to cause bodily harm to someone because it is sufficient in a normal sense to cause the victim's death-

Section 300(3) states that the mere intention to inflict the harm that was caused is sufficient. That's where the subjective factor ends and no more research should be done.

4. The act in which the perpetrator is aware that it is so risky that it will almost certainly result in death or a serious enough harm to warrant death-

Cases involving unsafe behaviour with no intention of causing bodily harm to anyone are covered by Section 300(4). However, there should have been an awareness that the act posed an immediate risk of mortality or that the bodily harm it would cause would probably result in death.

Exceptions of Murder under IPC

1. Grave and Sudden Provocation

To raise the plea of exception to Section 300, there must be a case of severe and unexpected provocation. It's crucial to remember, nevertheless, that the accused shouldn't have started this provocation.

2. The Right of Private Defence

If someone is using this exemption, then they ought to have used more force to protect themselves or their property than just their legal right to self-defence. However, the harm must be commensurate with the deceased's attack. If someone has a legitimate fear of death or serious injury, they may utilize their right to private defence instead of using their right to self-defence to put an end to wrongdoers.

3. By the Actions of Public Servants

Any action by public service is an exception to murder under section 300. Only on the condition that the actions of the public service should be within the ambit of the law. Here are the conditions for the actions of public servants-

• Either a public servant or someone assisting a public servant must commit the violation.

• The Public Servant must have committed the claimed Act while carrying out his official duties.

• He ought to have gone beyond the authority granted to him by the law.

• The Act needs to be completed carefully and thoughtfully.

• The Public Servant had to have thought the action was lawful since it was required for him to fulfil his duties.

• He had to have had no malice towards the person whose death was brought about.

4. Result of a sudden fight

To be granted this exception, the accused must demonstrate to the judge that the conflict between them and the deceased did not develop gradually but rather occurred out of the blue. Here are the conditions for this exception-

• It was an unplanned altercation.

• No premeditation was present.

• The assailant did not act ruthlessly or with excessive advantage; rather, the specific act was performed in a fit of rage.

5. Consensual death or Euthanasia

According to Section 300 Exception 5, culpable homicide is not considered murder if the victim, who is older than eighteen, dies or confronts death with his consent. Here are the conditions that need to be proved-

• The deceased's approval or assent was what led to the death.

• At that moment, the dead were older than eighteen

• and any such permission or assent was freely offered, purposeful, and uninfluenced by fear or erroneous information.

Punishments for Murder

The punishments for murder are outlined in Sections 302, 304(1), and 304(2) of the Indian Penal Code. Different kinds of murders carry varying degrees of penalty.

According to Section 302 of the Indian Penal Code, first-degree culpable homicide carries a life sentence or the death penalty, though the latter is often saved for the most dire circumstances. 1860 Code

Second-degree murder is covered by Indian Penal Code Section 304 Part 1, which carries a maximum 10-year prison sentence in addition to a fine.

Section 304 Part 2 of the Indian Penal Code stipulates life in prison or any kind of punishment that must endure for at least seven years but not more than that for third-degree murder.

Difference between Culpable Homicide and Murder

According to section 299 of IPC an individual who intentionally causes death, intends to cause physical harm that is likely to cause death, or knows that their actions are likely to cause death, is guilty of the crime of culpable homicide. Whereas in murder the offender possesses the clear intention to cause death to a person. The difference between Culpable Homicide and Murder is-

Case Laws on Murder

In the case of Nathan v. State of Madras

The landlord in this instance was attempting to kick out the defendant. The accused killed the landlord to exercise their right to private defence. Since the deceased did not own a lethal weapon that may have injured the victim or killed the accused, the accused had no fear of dying. The accused overreached his right to a private defence because the deceased had no intention of killing the accused. The defendant was not the murderer.

In the case of Radhai Syam & Ors v. State of Madras

When the appellant in this instance realized that his calf had reached a dead end, he became enraged. When the dead attempted to stop the appellant from torturing him, the appellant shot the deceased. As the victim was not carrying a weapon when they passed away, the appellant was presumed to have planned the victim's death and hence accountable for the homicide.

Conclusion

Both Culpable Homicide and Murder are termed as grievous offences against the human body and in society. Offences like culpable homicide and murder come under criminal law and both of them not only affect an individual but also affect the society at large. The offence of Culpable Homicide is given under Section 299 of the Indian Penal Code 1860 and the offence of murder is given under Section 300 of the Indian Penal Code 1860. Both these crimes are crimes which are serious and appropriate punishment has been given under the code.