The terms culpable homicide and murder are closely related but differ in terms of intention, gravity, and punishment, as defined under the Indian Penal Code (IPC).
Culpable Homicide (Section 100 BNS):
- Means causing death by doing an act with:
- The intention of causing death, or
- The intention of causing bodily injury likely to cause death, or
- With the knowledge that the act is likely to cause death.
It is a broader term and includes both murder and other types of killings.
Murder (Section 101 BNS):
Murder is a graver form of culpable homicide.
It becomes murder when the act is done:
- With the intention of causing death,
- With the intention of causing such bodily injury as the offender knows is likely to cause death,
- Or with the knowledge that the act is so imminently dangerous that it must in all probability cause death.
- Or the injury is sufficient to cause immenent danger or death of the person
In simple terms, murder is a more severe form of culpable homicide. Culpable homicide is the act of causing death, while murder is a specific type of culpable homicide with a higher degree of criminal intent or malice. Legal articles say.
Culpable Homicide:
Definition:
Culpable homicide is causing the death of a person by an act done 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 the act is likely to cause death.
Severity:
It is a broader term encompassing all acts of causing death, including those that may not be intentional or premeditated.
Examples:
A driver, in a fit of rage, hits a pedestrian, leading to the pedestrian's death (without the intent to kill) Legal articles explain.
A person commits an act with the knowledge that it could cause death, but without the specific intent to kill.
Punishment:
Punishments for culpable homicide can range from imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Murder:
Definition:
Murder is a specific category of culpable homicide that involves a higher degree of criminal intent.
Severity:
It is a more serious offense than culpable homicide, typically involving malice aforethought or a premeditated intention to kill.
Examples:
A person stabs another person with the intent to kill.
A person poisons another person's drink with the intention of killing them Legal analysis indicates.
Punishment:
Murder typically carries more severe penalties, including life imprisonment or the death penalty.
1. Definition:
Culpable Homicide (Section 299, IPC):
It is the act of causing death with the intention of causing death, or with the knowledge that the act is likely to cause death.
Murder (Section 300, IPC):
It is a form of culpable homicide with greater intent and severity, where the act is done with the intention of causing death or bodily injury that is likely to cause death in all circumstances.
2. Key Difference:
All murders are culpable homicides, but not all culpable homicides are murder.
Murder is a graver offence, committed with a definite intent and without provocation or justification.
Culpable homicide can be less severe, often involving sudden provocation, lack of premeditation, or absence of full intent.
3. Punishment:
Culpable Homicide Not Amounting to Murder (Section 304):
Imprisonment up to 10 years or life, with or without fine.
Murder (Section 302):
Punishable with death or life imprisonment, and fine.
Conclusion:
The distinction lies primarily in the degree of intent and circumstances surrounding the act. Courts assess each case based on facts, mental state, and motive to classify it correctly.
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