CULPABLE HOMICIDE AND MURDER

Introduction

Culpable homicide in layman terms can be defined as the killing of a human by another human. Under the Indian penal code, it is defined under section 299. According to the section, basic essentials of culpable homicide can be interpreted as –

• The intention of causing death
• The intention of causing such bodily injury is likely to cause death.
• With the knowledge that he is likely by such an act to cause death.

Types of Culpable Homicide

There are two types of it: lawful and unlawful. It will be counted as lawfully culpable homicide if the accused had a valid reason for committing the crime. For instance, a factual error, self-defense, and so on. The term “unlawful culpable homicide” refers to crimes committed with the express goal of causing death, such as negligent acts, suicide, and so on.

The penalty for culpable homicide is outlined under section 304(1); which states that a person who commits a culpable homicide offence will be imprisoned for life or; for a period extended up to ten years, plus a fine.

Section 304(2) specifies that culpable homicide committed without knowledge or purpose will be punished by imprisonment for up to ten years and a fine.

Murder

Murder is defined as 300 which can also be stated as culpable homicide amounting to murder. Section 300 states that

• If the act is done with the objective of causing death, or
• the act is done with the intention of producing bodily injuries that are likely to cause death,
• If the act is done with the objective of causing death,
• if the act is done with the intention of producing bodily injuries that are likely to cause death,
• The knowledge that the action taken is so dangerous that it may result in death;
• Causes bodily injury that is likely to result in death and conducts such an act without justification, Such act constitutes murder.

Explanation (d) and (f) of section 300 provides exceptions, therefore such acts don’t constitute murder.

• If a person loses their ability to control themselves and causes the death of someone as a result of a grave and abrupt provocation, it is not culpable homicide amounting to murder.
• When an offender kills someone while exercising his right to private defense of person and property in good faith, it is not culpable homicide amounting to murder.
• If a public official kills someone while fulfilling his duties in good faith and believes that his actions were legal, it is not considered a culpable homicide.
• If a person causes the death of someone in a violent fight in the heat of passion during a sudden argument, it is not criminal homicide amounting to murder.
• When a person over the age of 18 suffers death with his or her own consent, it is not culpable homicide amounting to murder.

Punishment

Punishment of culpable homicide amounting to murder is defined under section 302. Which states that anyone who commits murder will face life imprisonment or; the death penalty, as well as a monetary penalty.

Written by :

Bhavishya Sandhu

 Read more blogs at @advocatetanwar.com