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Culpable Homicide and Murder: Breaking down the parity
Culpable homicide
The crime of manslaughter is termed as Culpable Homicide. It is a term in the law of Scotland and England that covers a number of criminal homicides equivalent to manslaughter in legal criminal jurisdictions.
Section 299 of the Indian Penal Code deals with Culpable Homicide and it is stated as follows – “Whoever causes death by doing an act with the intention of causing death , or with the knowledge that he is likely by such act to cause death, commits the offence of Culpable Homicide.”
The Penal Code has first defined Culpable Homicide simpliciter (Section 299, I.P.C) termed as manslaughter under English law which is genus, and then murder (Section 300, I.P.C) which is species of homicide.
MURDER
Sec 300 IPC, which constitutes the offence of Murder, is the aggravated form of the Culpable homicide. A person committing murder shall be liable to punishment, which may be death or may also lessen down to life imprisonment by proper discretion of the court. The term ‘Murder’ is derived from the Germanic word which means ‘secret killing.’ The offence of Murder is an aggravated form of the culpable homicide. Section 300 IPC, clearly states the distinction when the act committed will fall under culpable homicide and when the act committed will amount to murder.
For a better understanding of section 300 Indian Penal Code, it is necessary to know the difference between Murder and Culpable Homicide. As the causing of death is common in both, it somehow gets difficult for people to distinguish between the two.
For committing either of the offences, be it Murder or Culpable homicide, criminal intention or knowledge of the person is the essential element. There is a very fine line between the difference between the two offences, based on the intention and knowledge involved.
Differences between section 299 and 300
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Section 299 |
Section 300 |
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A person commits culpable homicide if he has done an act by which the death is caused.
The intention of the person was to cause death.
With the intention of causing such bodily injury as is likely to cause death
With the knowledge, that the act is likely to cause death |
With respect to exceptions, culpable homicide will be considered as murder, if the act by which death is caused is done.
The intention of the person was to cause death.
If a person with intention causes such bodily injury to a person, which he knows can cause the death of the person.
With the intention of causing bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death.
With the knowledge that the act committed was so dangerous that it must in all probability cause death, or such bodily injury, which can cause death. |
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The term likely is what’s material ,here the person carrying out such an act is not certain of the outcome . |
Here the person carrying out such an act is certain that his/her the act will cause death . |
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Illustration1-A shoots B from a distance of 400 m not being sure whether or not his act would lead to B’s death.B dies.A will be held liable as per section 299 |
Illustration1-A shoots B from point blank range .A is certain that this will lead to B’s death.B dies.A will be held liable for murder under section 300 |
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Illustration 2-A tells B he wants to kill B and pushes B from the 2nd floor of a building ,B dies. |
Illustration 2-A tells B he wants to kill B and pushes B from the 24th floor of a building ,B dies. |
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All culpable homicides are not murder |
All murders are culpable homicides |
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Culpable homicide is the genus |
murder is its specie. |
Five exceptions are mentioned in section 300 IPC which are not murder but culpable homicide.
1.If any person is deprived of his self control in any situation and done some act due to provocation which takes someone life or killed the person due to accident that culpable homicide not murder .
- If any person killed some one in self-defense without any intention to kill that person
3.If any public servant while performing his legal duty killed anyone without any intention that is culpable homicide
4.If anyone killed any person in sudden quarrel, or in the heat of the moment without any intention to do so, that is culpable homicide
5.If any person above 18years take death risk with his own consent then that is culpable homicide.
Case law
Case : Reg. V/s. Govinda 1876 (Bom): In this case the accused kicked his wife who was 15 years old and gave her a few blow on the body with the result she fell down on the ground. Then he put one knee on her chest and struck her a few more blow resulting in her death. The lower court convicted him of murder. There were different opinions amongst the two judges of the High Court and consequently the matter was referred to a third Judge, Justice Melvil, who held the accused guilty under clause (2) of sec.299 for culpable homicide and sentenced him u/s 304 part I on the grounds that the death was caused with the intention on the part of the accused to cause such bodily injury as was likely to cause death
