The distinction between Culpable homicide and Murder

  • 17 Jan 2023

THE DISTINCTION BETWEEN CULPABLE HOMICIDE AND MURDER

Causing death to a person is not always “Murder". It could be called “Culpable Homicide", if it happens in India or Scotland or may be termed “Manslaughter", if it happens in the U.S. or England. Culpable homicide not amounting to “Murder" is a charge in Indian law that indicates that someone has killed another person, but that the act did not have any one of the four circumstances mentioned in Sec 300 that is necessary to qualify it as Murder. Shift depends upon the proximity of death. Section 299 of Indian Penal Code defines Culpable Homicide as an act done with the

  • (1) intention of causing death, or
  • (2) with the intention of causing such bodily injury as is likely to cause death, or
  • (3) with the knowledge that he or she is likely to cause death by such act

But, this CULPABLE HOMICIDE TRANSFORMS INTO MURDER only in the following 4 circumstances. Culpable Homicide is murder, if the death was caused by

  • 1. An act with the intention of causing death, or (ills. A shoots at B and Kills him)
  • 2. with the intention of causing such bodily injury and the offender knows that such act is likely to cause the death, or ( ills. A hits B , knowing that he is a heart patient and kills him )
  • 3. with the intention of causing bodily injury which is sufficient in the ordinary course of nature to cause death, or ( ills. A inflicts an injury on the neck of B with a sword and kills him)
  • 4. with the knowledge that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death. ( A fires a canon at mob and kills )

However, while this transformation into Murder occurs with the above acts, even with all the elements of Murder, it again becomes Culpable Homicide if the act was done,

  • due to grave and sudden provocation, or
  • if exceeds private defense, or
  • by a public servant for the advancement of public justice, exceeds the powers given to him by law, or
  • without premeditation in a sudden fight, but not acted in a cruel or unusual manner, or
  • with the consent of the victim who is above the age of eighteen years.

# The practical difference is only with the punishments attached with the crime. For Murder, punishment can go up to death. For Culpable Homicide,the punishments could 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. Punishment is decided according to the gravity of the crime.

If the conviction is for life U/s 302 the prisoner should undergo imprisonment for minimum 14 years as per Sec.433 A Cr.PC if the conviction is under 304 for life prisoner can be released at any time before 14 years.

# Note that : Subject of homicide is explained through illustrations in Sec 300. Illustrations (a) to (d) individually corresponds with situations 1 to 4. There is only one illustration for each of the four situations. The reader should read illustration (a) after reading the firstly of Sec 300 , illustration (b) after secondly , and so on and on.

    adv. john s. ralph High Court of Kerala

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