This article has been written by Mr.rishav narwariya , a 3rd year BALLB Student from Svkm’s Nmims indore college
Introduction:
Culpable homicide is a term used in criminal law to describe situations where a person causes the death of another person through recklessness or negligence. The term “culpable” refers to the blameworthiness of the accused, meaning that they are responsible for the death of the victim due to their actions or inactions. This article will provide an overview of culpable homicide, its different types, and the relevant case laws related to this topic.
Types of Culpable Homicide:
Culpable Homicide Not Amounting to Murder: This type of culpable homicide refers to cases where a person causes the death of another person without the intention of causing death or causing grievous hurt. It is a less severe charge than murder and is often used as an intermediate charge between murder and manslaughter.
Culpable Homicide by Rash or Negligent Act: This type of culpable homicide refers to cases where a person causes the death of another person due to their recklessness or negligence. The accused may have failed to take necessary precautions, acted in a dangerous or careless manner, or violated traffic rules. This type of culpable homicide is often charged in cases involving road accidents, industrial accidents, or medical negligence.
Culpable Homicide by Causing Death with the Consent of the Victim: This type of culpable homicide refers to cases where a person causes the death of another person with their consent. This may occur in cases of euthanasia or assisted suicide, where the victim agrees to end their life due to a terminal illness or unbearable suffering.
Culpable Homicide by Causing Death of an Unborn Child: This type of culpable homicide refers to cases where a person causes the death of an unborn child due to their actions or inactions. This may occur in cases of negligence or intentional harm towards a pregnant woman.
Relevant Case Laws:
K.M. Nanavati vs. State of Maharashtra: This case, which took place in 1959, is a landmark case in the history of Indian criminal law. The accused, K.M. Nanavati, had shot and killed a man, Ahuja, whom he suspected of having an affair with his wife. The trial court had acquitted Nanavati, but the decision was overturned by the Bombay High Court. The court held that the accused had acted with the intention to kill and was guilty of murder. However, the Supreme Court of India later converted the charge to culpable homicide not amounting to murder, considering the circumstances of the case.
State of Rajasthan vs. Nathu: In this case, the accused was charged with culpable homicide by rash and negligent act after he had caused the death of a person in a road accident. The court held that the accused had driven the vehicle in a rash and negligent manner, and that this had caused the death of the victim. The accused was found guilty of culpable homicide and was sentenced according
- v. Adomako: This case, which took place in the United Kingdom, is an important case in the law of gross negligence manslaughter. The accused, a nurse, had failed to notice that a patient’s breathing tube had become disconnected, which led to the patient’s death. The court held that the accused’s failure to notice the disconnection was a gross breach of duty, and that this had led to the patient’s death. The accused was found guilty of gross negligence manslaughter.
State of Andhra Pradesh vs. Rayavarapu Punnayya: In this case, the accused had given a beating to a person, which resulted in the victim’s death. The trial court had convicted the accused of murder, but the decision was overturned by the Andhra Pradesh High Court, which held that the accused had only intended to cause grievous hurt and was guilty of culpable homicide not amounting to murder. The Supreme Court of India later upheld the decision of the High Court.
State of Kerala vs. V.S. Mohammed: In this case, the accused had caused the death of a person by driving his vehicle in a rash and negligent manner. The trial court had convicted the accused of culpable homicide, but the decision was overturned by the Kerala High Court, which held that the accused’s conduct did not amount to culpable homicide. However, the Supreme Court of India later upheld the decision of the trial court and found the accused guilty of culpable homicide.
Penalties for Culpable Homicide:
The penalties for culpable homicide vary depending on the type of offence committed and the circumstances of the case. In India, culpable homicide not amounting to murder is punishable with a maximum imprisonment of ten years, while culpable homicide by rash or negligent act is punishable with a maximum imprisonment of two years or a fine, or both. The penalty for culpable homicide by causing the death of an unborn child is similar to that of culpable homicide not amounting to murder, while the penalty for culpable homicide by causing death with the consent of the victim is less severe, with a maximum imprisonment of seven years.
Conclusion:
Culpable homicide is a serious offence that can lead to severe penalties, including imprisonment and fines. The different types of culpable homicide, such as culpable homicide not amounting to murder and culpable homicide by rash or negligent act, are defined based on the intention or negligence of the accused. The relevant case laws related to this topic illustrate how the courts have interpreted and applied the law in different situations. It is important for individuals to understand the implications of their actions and to take necessary precautions to prevent harm to others, to avoid being charged with culpable homicide.