Difference between culpable homicide and murder under indian penal code
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Difference between culpable homicide and murder under indian penal code
Under the Indian Penal Code (IPC), culpable homicide and murder are two distinct offenses with different legal consequences. Here are the differences between culpable homicide and murder:
Culpable Homicide:
Culpable homicide is defined under Section 299 of the IPC. It encompasses unlawful acts that cause death but do not amount to murder. Culpable homicide can be categorized into two types: culpable homicide not amounting to murder and culpable homicide amounting to murder.
Culpable Homicide Not Amounting to Murder:
According to Section 300 of the IPC, culpable homicide is not considered murder if it falls within any of the following exceptions:
a. Act of self-defense: When the act causing death is done in the exercise of the right of private defense.
b. Sudden fight: When the act is committed in the heat of passion, and no prior intention or knowledge is involved.
c. Provocation: When the act is committed in response to grave and sudden provocation, causing the person to lose self-control.
d. Public servant's act: When the death is caused by a public servant in the lawful discharge of their duty.
e. Consent: When the act is committed with the consent of the person whose death is caused.
Culpable Homicide Amounting to Murder: Culpable homicide is elevated to murder when it falls under any of the exceptions mentioned in Section 300 of the IPC. These exceptions include instances where the act is committed with an intention to cause death, with the knowledge that it is likely to cause death, or with the intention to cause such bodily injury that is likely to cause death.
Murder:
Murder is specifically defined under Section 300 of the IPC. It involves the intentional act of causing death or inflicting injuries with the knowledge that it is likely to cause death. Murder is a more serious offense than culpable homicide and carries heavier penalties.
The main distinctions between murder and culpable homicide are:
Intention: Murder involves a higher degree of intention to cause death, whereas culpable homicide does not necessarily require the same level of intention.
Knowledge: In murder, the offender has knowledge that the act is likely to cause death. In culpable homicide, the offender may not have the same level of knowledge or intention.
Penalties: The punishment for murder is typically more severe than that for culpable homicide. Murder is punishable with life imprisonment or the death penalty, while culpable homicide attracts imprisonment, which may extend to 10 years or a fine or both.
It's important to note that the classification of an offense as culpable homicide or murder is based on the specific circumstances and evidence presented in each case. The courts consider factors such as intention, knowledge, and the applicability of exceptions to determine the appropriate charge and its corresponding legal consequences.
