murder and culpable homicide

Akshay (Advocate) 31 January 2020

Hi,

Thank you for asking this question, I am happy to help you

Murder (defined under Section 300) and culpable homicide (defined under Section 299) of IPC(Indian penal code),1860

Section 299 defines Culpable Homicide.

Whoever causes death by doing an act with

Intention of causing death.
Intentionally causing bodily injury which is likely to cause death.
Doing an act with knowledge that it is likely to cause death.

Section 300 defines Murder

Whoever causes death by doing an act with

Intention of causing death.
Causing such bodily injury as the offender knows it is likely to cause death of a person.
Intentionally causing bodily injury which is sufficient to cause death.
Doing an act with knowledge that it is so imminently dangerous and in all probability causes death.

Here difference is very minute.If we talk about Murder and Culpable Homicide The difference between murder and culpable homicide is only of “intention".

For example, suppose the offender has used the sharp weapon and struck on the vital part of the body. Naturally, the injury is sufficient to cause the death and the offender has the knowledge that his act is an imminently dangererous and, in all probability, death is caused by such act. This kind of death is called Murder. On the other hand, where the blunt and hard weapon like stick and stone are used and injuries are caused in the hard part of the body, death is likely rather than probable and therefore it is culpable homicide and not murder.

For the murder you can also check the case ie, (Virsa Singh Vs State of Punjab) , (Palani Goundan Vs Emperor).

Hope this will help you regarding your query.

Best regards

Akshay

1 Like

Dr J C Vashista (Advocate) 01 February 2020

No facts posted for this academic question paper.

Consult your tutor.

Satyajit Sarkar 04 February 2020

Reading the answer I found weapons differency , but how is it relevance ..if you give another example .pls sir

Atri Bute 22 February 2020

How long is the jail term for culpable homicide or intentional homicide?

Joy Bose 23 February 2020

Hello,

Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc- Imprisonment for Life or 10 Years + Fine

If act is done with knowledge that it is likely to cause death, but without any intention to cause death, etc - 10 Years or Fine or Both

Regards,
Joy Bose