Murder and culpable homicide are two heinous offences that are defined in the Indian Penal Code, 1860 with punishment clause. Both offenses are punishable under IPC by imprisonment of 7 years but in some exception cases, it could be by death (rarest of rare). So, in this article, we will take a look of murder and culpable homicide and understand the difference between both.
HOMICIDE
The origin of the word homicide comes from the Latin word homi which means human being and cido means to kill someone. See below -
Homi = Human Being
Cido = Cut or To Kill
So, the complete meaning of Homicide is “killing of a human being by another human being.” The term ‘homicide’ refers to the act which gives rise to the death of a human being. However, not all homicides are illegal or come as a criminal offence. There are some exceptions available in it. See the exemptions below:-
Doli Incapax - A child under the age of 7 years will not be liable for committing any offence even if it is murder or culpable homicide. This is known as doli incapax which is given under section 82 of Indian Penal Code, 1860.
Unsound Mind - If any person is insane or has an unsound mind while committing the murder then he will be not charged under the offence of section 299 or 300 of IPC. Because at that time, he was not capable of knowing the consequences of his act. So, he can exercise the right of private defence.
WHAT IS CULPABLE HOMICIDE?
Culpable Homicide is given under section 299 of the Indian Penal Code (IPC). It is defined in this section that "any person who causes such bodily injury with the intention of causing death, He or she commits the offence of Culpable Homicide and will be liable under Sec.300 or Sec.299 of IPC.
ESSENTIALS OF CULPABLE HOMICIDE:
WHAT IS MURDER?
The Germanic word "morth," which means "Secret Killing," is where the word "murder" originated. Murder is the term used to describe the intentional killing of another person or a group of people in order to end their life.
A conduct not considered "murder" Unless an offence involves an act that is defined as culpable homicide under the IPC's definition of murder. Not every murder is a homicide, but every murder is a homicide.
“Section 300” of the Indian Penal Code (IPC) and Section 101 of the Bharatiya Nyaya Sanhita (BNS) defines "murder". It talks about the five situations in which culpable homicide is not regarded as murder.
Section 300 IPC is relating to the offence of Murder. According to this section, culpable homicide is amount to murder in the following situations:
1. Any conduct that converts into the results in death with the intention of causing death.
2. The act committed with the intention of causing bodily injury to a person and the intended harm is severe enough to result in death under normal circumstances.
3. An act which is done with the intention of causing such bodily injury with the knowledge that it is likely to end in death.
4. The offender of the act is aware that his act is extremely risky and is likely to result in death or serious physical harm which is likely to cause death of that person.
Difference Between Culpable Homicide and Murder
There is a wider difference between the two; It depends on many bases like the intent, gravity, and circumstances of the crime determine whether it is culpable homicide or murder.
But the similar thing is that a human being is unlawfully killed in both offenses. However, in practice, they are categorized separately by the law and also they both are punished differently. The more detailed comparison are discussed below:
1. Definition
Culpable homicide is described as causing death by doing an act with the intention or knowledge that such act is likely to cause death of the person. It is given under Section 299 of the Indian Penal Code.
The definition of murder is defined in section 300 of the IPC and section 101 of the BNS. It is described as an act committed with the intention of death or sufficient bodily injury to cause death.
2. Intention
Culpable Homicide: The intention to cause death may or may not be absolute or direct. It may cover situations in which an individual acts by knowing that death is likely to happen but without a clear intent to kill.
Murder: Murder suggests an absolute and unwavering intention to commit the offence. There is an intention to kill or grievous harm that is enough to cause death. Furthermore, the intention is clear and specific.
3. Degree of Severity
Culpable Homicide: Because it may include actions committed in situations that reduce the offender's moral responsibility, such as sudden provocation or lack of intention, it is not as serious an offense as murder.
Murder: Because murder contains a greater degree of malice, premeditation, and obvious intent of committing murder, it is regarded as a more horrible crime.
4. Punishment
Culpable Homicide: According to Section 304 of the IPC, culpable homicide carries strict liability and a maximum sentence of 10 years in prison or may be life imprisonment, depending on the seriousness and nature of the offense.
Murder: The punishment of murder is given under Section 302 of the IPC. The person is strictly accountable and faces the death penalty or whole life in jail plus an additional fine. Because it's intentional, the penalty is harsher.
5. Act Circumstances Culpable Homicide:
This might happen in situations like unexpected provocation, private defense, or when the offender did not intend to kill with malicious intent.
Murder always occurs when there is a conscious and intentional desire to murder someone or harm someone seriously.
6. Classification Under the IPC Culpable Homicide Not Amounting to Murder:
When there is a possibility of death but none of the elements of murder are present, the conduct is nevertheless considered to be likely to cause death.
Culpable Homicide Amounting to Murder: Under this Culpable homicide is defined as murder when all the elements of murder are present and appear in the offender's conduct.
Culpable Homicide and Murder
| Murder | Culpable Homicide |
|---|---|
| Given in: Section 300 IPC Section 101 BNS |
Given in: section 299 IPC Section 100 BNS |
| Someone directly intends to kill or cause death | Intention to cause bodily injury which likelihood to cause death |
| Primary intention was death | Primary intention was not death |
| Punishment: Section 302 IPC Section 103 BNS |
Punishment: Section 304 IPC Section 105 BNS |
| IPC: Death or Imprisonment for life and Fine BNS: Death or Imprisonment for life and Fine |
IPC: Imprisonment for life or Imprisonment upto 10 years and Fine BNS: Imprisonment not less than 5 years which can extends upto 10 years and Fine |
