INTRODUCTION: The concept of murder and culpable homicide are arguably the most complicated of provisions within the Indian Penal Code .Culpable homicide and murder closely resembling each other and at times it become difficult to distinguish between the two, as the causing of death is common to both. Further, there must necessarily be criminal intention or knowledge in both culpable homicide and murder .culpable homicide is the genus, murder is its species. However, the difference between culpable homicide and murder is real though very fine and based upon a very subtle distinction of the intention and knowledge involved in these crimes. The true difference lies in the degree , there being the greater intention or knowledge of the fatal consequences in the one case than the other . Section 299 of the Indian Penal Code defines culpable homicide thus: “Whoever causes the death by doing an act (a) with the intention of causing death or (b) with the intention of causing such bodily injury as is likely to cause death or (c) with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.”
| Section 300 then defines 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 secondly, 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 thirdly, 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 fourthly, 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.”
| All murder is culpable homicide , but all culpable homicide is not murder .Every act which falls within falls within any one or more of the four clauses of Section 300 in respect of which there co-exist one or more of the set of circumstances described in the five exceptions is by that fact taken out of section 300, but the act continues to be within section 299 and since it is not murder , it is culpable homicide not amounting to murder.Every act that falls within section 299 and does not fall within section 300,since it is not murder,is culpable homicide not amounting to murder. If the bodily injury intented to be inflicted is likely to cause death,it is murder,if such injury is sufficient in the ordinary course of nature to cause death.
MEANING OF WORD “LIKELY BY SUCH ACT TO CAUSE DEATH
The words “likely by such act to cause death occurring in section 299, IPC can only mean that the injuries caused be such that either of following probabilities may exist, i.e 1.) That the man whom such injuries are caused might die as a result of such injuries 2.) The man whom such injuries are caused might survive. In other words either of these two things should be probable. In section 300 of IPC, the word likely is used in the sense of a higher degree of likelihood only. DEGREE OF CULPABLE HOMICIDE
1.) Culpable homicide of the lowest degree , which is punishable with fine only or with imprisonment up to a limit of 10 years or with both (section 304 part 2). 2.) Culpable homicide of the middle degree, which is made punishable with imprisonment up to a limit of 10 years or with imprisonment for life , to either of which fine may be added.( section 304 part1). 3.) Culpable homicide of the highest degree or murder which is made punishable with death or life imprisonment ,to either of which fine may be added. (section302). ELEMENT NECESSARY TO CONSTITUTE CULPABLE HOMICIDE
A) There must be a death of a person.
B) The death should have been...
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