Culapable Homicide and Murder The first thing that was understood by the definition a culpable homicide may or may not be considered as murder but murder consider as culpable homicide.
One of the most attractive differences between them is → Intention,
→ If people had the guilty mind to kill the person then it was the murder but if the person has only Intended to some injury but cause of the that the person has died then it was Culpable homicide because the person has no intention to kill.
let’s understand it by one illustration, This illustration helps to differ Culpable Homicide and Murder.
Learning Outcomes
Illustration
Mahesh kicked the abdomen of Suresh with such violence as to cause a fracture in 2 ribs and rupture of the spleen which was normal due to which Suresh died. It was held that Mahesh knew that the abdomen is the most delicate and vulnerable part of the human body and presumed to have kicked with the knowledge that by so kicking he was likely to cause death.
→In this, there is no intention to kill but cause of the action Suresh dies. Mahesh is liable for the Culpable Homicide.
Rohit shoots Sharma with the intention of the to kill him. Sharma dies in the consequence. Rohit commits murder.
→In this Rohit had a clear intention to kill Sharma so that Rohit committed the murder.
By helping this illustration, Intention is most important and critical for proving Murder and Culpable Homicide. The intention is not the only difference between Culpable Homicide and Murder.
Section 299 of the Indian Penal Code deals with Culpable Homicide,
“Act did with the
⇒the intention of causing death/causing such bodily injury ⇒which is LIKELY ⇒to cause death
⇒having the knowledge that ⇒he can LIKELY by his act caused death, ⇒he’ll be committing the offence of culpable homicide”.
| When culpable homicide is not murder ↓ Culpable homicide is not murder if the offender ↓ whilst deprived of the power of self-control by grave and sudden provocation ↓ then peson is deid it is Culpable Homicide. |
| When person dies ↓ Cause accident or mistake ↓ Then its Consider as a Culpable Homicide. |
. Section 300 of the IPC, culpable homicide is considered as murder if:
| The act is committed with an intention to cause death ↓ The act is done with the intention of causing such bodily injury for which the offender has knowledge that it would result in death. ↓ The person has the knowledge that his act is dangerous and would cause death or bodily injury but still commits the act, this would amount to murder. |
Let’s Understood In the easy way when Culpable homicide is Murder,
- An act has the intention of committing a death.
- An act was done with the intention of causing such bodily injuries. These bodily injuries resulted in a death
- The accused had the knowledge that the act is dangerous and it would result in death then still committed, so it would amount to murder.
Conclusion
When There is done with intention of the causing death then it is considered as murder under section 300 of the Indian Penal Code.
When Act did with the knowledge that person is the dead cause of this act and then still committing it amounts to death then it considers as Culpable Homicide. A person died a cause act done by mistake or accident then it may consider as a Culpable Homicide.
We hope that this article help to clear your concept about culpable homicide and murder.
If you want more information about Murder and Culpable Homicide, Visit our article which is a link given below.