Murder vs Culpable Homicide

Murder and culpable homicide are two heinous offences that 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 in both.

HOMICIDE

The origin of the word homicide is 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 causing 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:

• The conduct must cause the death of other person.

• Person must have an intention to such bodily injury that is likely to cause death.

• Accused has a knowledge about the consequence of such conduct that would be likely to be cause death.

WHAT IS MURDER?

The Germanic word "morth," which meaning "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 ending of 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 defines "murder" and lists 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 convert into the results in death with the intention to 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.