Difference Between Culpable Homicide and Murder

Introduction

Both Culpabale Homicide and Murder are grave offences mentioned in the Indian Penal Code 1860. The offences of culpable Homicide and Murder are offences against the human body. Culpable Homicide is mentioned under Section 299 of the Indian Penal Code and Section 304 of the Indian Penal Code deals with culpable homicide not amounting to murder. The offence of murder is given under section 300 of the Indian Penal Code 1860 and the punishment for Murder is mentioned under section 302 of the Indian Penal Code 1860.

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Culpable Homicide

One of the worst crimes against the human body is culpable homicide. The word "culpable" comes from the Latin word "culpe," which means punishment. The Latin word "Homo + Cida," which translates to "human being + killing," is where the word "homicide" originates. It refers to a person killing another person. Section 299 of the Indian Penal Code 1860 deals with the offence of Culpable Homicide.

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.

Since all that is required for a homicide to occur is a voluntary act or omission that results in the death of another, homicides can occur as a result of unintentional, thoughtless, or reckless conduct even in the absence of malicious intent.

Essentials to Constitute the Offence of Culpable Homicide

1. The act must lead to the death of a person

2. The cause of the death must be an act by another person

3. The act that caused death must be done with-

• To cause death

• To cause bodily injury resulting in death

• Knowing that such an act will cause death

The mere fact that a human being dies is insufficient. An act that results in death cannot be considered a Culpable Homicide unless it is accompanied by one of the mental states listed in the component.

Culpable Homicide not amounting to murder

Section 299 of the Indian Penal Code 1860 deals with the essentials of culpable Homicide not amounting to murder. These three crucial elements need to be proven for culpable homicide not amounting to murder-

• To cause death

• To provide bodily which may result in death

• Knowing that the act will result in death

The punishment for culpable homicide not amounting to murder is given under Section 304 of the Indian Penal Code 1860. Part 1 of Section 304 says that Anyone found guilty of culpable homicide that does not qualify as murder faces life in jail or a sentence of imprisonment of either kind. which may last up to ten years, and they might also face fines if the conduct that resulted in the death was done with the intent to kill someone or create a bodily injury that would likely result in death.

Part 2 of Section 304 of IPC says that Anyone found guilty of culpable homicide that is not murder will be punished with a fine, 10 years' worth of imprisonment of any kind, or with both. if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

Conditions when Culpable homicide does not amount to murder-

• If the right to private defence is being used, then culpable homicide does not constitute murder.

• If a public official commits culpable homicide while acting in good faith, it is not considered murder.

• If culpable homicide is carried out spontaneously during a furious altercation, it does not qualify as murder.

• When the victim of culpable homicide is older than eighteen and either dies or accepts the danger of dying voluntarily, it is not considered murder.

Culpable Homicide Amounting to murder

Section 300 of the Indian Penal Code 1860 mentions the essential elements to be proven for Culpable homicide amounting to murder. The following are the critical elements to prove Culpable Homicide amounting to murder. They are-

• To cause death

• To provide bodily injury, with the offender knowing that such injury will lead to death

• The bodily injury provided is sufficient enough to cause death

The act's perpetrator is aware of the extreme danger involved, which increases the likelihood that it will result in death or a serious bodily injury that could kill, and they are acting without justifying taking such a risk.

Murder

Murder is given under Section 300 of the Indian Penal Code 1860, According to Section 300 IPC, Culpable Homicide is considered Murder if-

• An act is done to cause death

• The act is performed with the awareness that it will probably result in death since the perpetrator intends to cause such severe bodily harm.

• The conduct is carried out to cause bodily harm to a person, and the intended harm is severe enough to result in death under normal circumstances.

• The perpetrator of the act is aware that it is extremely risky and will almost certainly end in death or serious physical harm that could lead to death.

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.

Different types of Murder

• Most planning goes into first-degree murders in comparison to the victim.

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

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

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

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

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

Exceptions to Section 300 of the Indian Penal Code 1860

Grave and Sudden provocation

If the perpetrator kills the person who provoked them or kills someone else by accident or error while being rendered incapable of controlling their actions, that is considered culpable homicide rather than murder.

For instance, X confronted Y after learning that his partner had faked his signatures to steal his property, and the two got into a heated confrontation. Then, X killed Y right away by striking her in the head with a stone he picked up off the road. This would be regarded as a serious and direct provocation.

Exercising the right of private Defence

According to Section 300 of the Code's Exception 2, culpable homicide is not considered murder if the perpetrator uses their right to private defence of person or property in good faith.

For Example- If the person accused of killing another person (X) can prove that the gun used was actually brought by Y to kill X, and that Y actually intended to kill X but the gun accidentally fired in self-defence, killing Y instead, then this would be considered culpable homicide rather than murder.

While Exercising Legal powers

If the perpetrator surpasses the legal authority granted to him as a public servant or in support of a public servant working to further public justice, then culpable homicide is not murder and causes the death by acting in a way that, while acting in good faith and without malice towards the person whose death is caused, he thinks to be legal and essential for the proper performance of his duties as such public official.

Essential elements of this exception-

• The act must be caused by a public servant

• The act must be caused by a public servant in the ambit of discharging his official duties

• The act done by the public servant should exceed the powers inferred to him by the law

• The result of the act should be in good faith

• The act done by the public servant should be within the law and should be done to discharge his official duties

• The act done by the public servant should not be because of any evil intention towards the person

The reason for death is a Sudden fight

If culpable homicide is carried out amid an intense argument without any prior planning, without undue advantage being taken, and without the perpetrator acting cruelly or unusually, it is not considered murder.

Essential element of this exception-

• Premeditation is missing in this act

• The act is the result of a sudden fight

• The act is the result of the heat of passion

• The act is the result of a sudden Quarrel

Consent of the dead person or Euthanasia

When the victim of culpable homicide is older than eighteen and either dies or accepts the risk of dying with his own free will, it is not considered murder.

Essential element of this exception-

• It should be a consensual death

• The deceased should be an adult or above 18 years of age

• The consent of the person should be free and shouldn’t be through any force.

Punishment for Murder

The punishments for murder are given under Sections 302, 304(1) and 304(2) of the Indian Penal Code. The punishment for murder is divided based on degrees of murders-

Section 302 of the Indian Penal Code provides the death sentence or life in prison for first-degree culpable homicide, however, the latter is usually saved for the very rarest of circumstances.l Code 1860,

Section 304 Part 1 of the Indian Penal Code, deals with the second degree of murder which stipulates a maximum 10-year prison sentence along with an additional fine.

Section 304 Part 2 of the Indian Penal Code, deals with the third degree of murder which recommends life in prison or a term of imprisonment of any kind that must not be less than seven years but may be as long as life.

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 Culpable Homicide and Murder

In the Case of Dauvaram Nirmalkar v. State of Chhattisgarh ( 2022)

The appellant in this instance was found guilty of killing his sibling. At the police station, he confessed himself, but it was not accepted. Regarding the firearms that were found, he also made a statement. Because the dead was an alcoholic, the murder was committed in response to the deceased's unexpected provocation. The Honorable Supreme Court was presented with the case.

The issue raised in this case was Whether the accused's actions qualified as an exemption to murder or constituted murder

The Honourable Supreme Court in this case held that The court took note of the family members' testimonies, which demonstrated that the dead was an alcoholic who frequently threatened and mistreated the accused. Additionally, the accused had attempted suicide. There was also a loss of self-control at that point, and the accused killed him as a result of his brother's provocative actions. As a result, the conviction of the accused was changed by the Honorable Supreme Court from Section 302 to Paragraph 1 of Section 304 IPC.

The Sheena Bora Murder Case

The actual murderer, Indrani Mukherjea, was the mother of Sheena Bora and was responsible for organizing her daughter's death. Indrani Mukherjea asserted that Sheena was her sister, and she never acknowledged having two kids. The murky financial practices of Indrani Mukherjea and her husband Peter Mukherjea came under scrutiny.

Conclusion

The distinction between culpable homicide and murder is subtle. Murder is just one kind of homicide in a group. The most important thing to keep in mind is the purpose of the offence. Even though both offences have the same outcome, the courts have often attempted to distinguish between them.All of this is determined by an individual's Mens Rea, or "guilty intention." A murder occurs when someone kills another person on purpose; nevertheless, culpable homicide occurs when someone kills someone without intending to or without knowing they were going to.