culpable homicide and murder
Querist :
Anonymous
(Querist) 20 November 2009
This query is : Resolved
sir
please give me some information and cases on distinguish between culpable homicide and murder?
Sachin Bhatia
(Expert) 20 November 2009
Section 299. Culpable homicide
Who ever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
Sachin Bhatia
(Expert) 20 November 2009
Section 300. Murder
Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or-
2ndly
If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or-
3rdly
If it is done 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, or-
4thly
If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.
Sachin Bhatia
(Expert) 20 November 2009
Exception I-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, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.
Exception 3-Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting or the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.
Exception 4-Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner.
Exception 5-Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.
Devajyoti Barman
(Expert) 20 November 2009
To put it briefly the culpable homicide is the genus and the murder is species. An offence can not amount to murder unless it falls within the definition of culpable homicide though the contrary is not true.Mainly it is the degree of intention and knowledge which determine the applicability of the sections.
Raj Kumar Makkad
(Expert) 20 November 2009
Entire matter has briefly been discussed by Hon'ble Apex court in the following case:
Vinod Kumar Chauhan versus State of UP 2008 (1) RCR (Criminal) 565
2008 AIR (SC) 780
A V Vishal
(Expert) 20 November 2009
The difference between culpable homicide amounting to murder and culpable
homicide not amounting to murder is relatable to the degree and extent of intention or knowledge viewed in the light of the facts and circumstances of each case. The distinction between culpable homicide amounting to murder and culpable homicide not amounting to murder has been repeatedly shown with the help of the following table first drawn in the case
of State of Andhra Pradesh v. Rayavarapu Punnayya and Anr. AIR 1977 SC 45 Section 299
Section 300 A person commits culpable homicide Subject to certain exceptions if the act by which the death is culpable homicide is murder caused is done - if the act by which the death is caused is done - INTENTION (a) with the intention of causing (1) with the intention of
death; or causing death; or (b) with the intention of causing (2) with the intention of such bodily injury as is likely causing such bodily injury to cause death; or as the offender knows to be likely to cause the death of the person to whom the harm is caused; or (3) 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; or KNOWLEDGE (c) with the knowledge that the act 4) with the knowledge that is likely to cause death. the act is so imminently dangerous that it must in all probability cause death or such bodily injury as is
likely to cause death, and without any excuse for incurring the risk of causing death or such injury as is mentioned above.
