There is a thin line between culpable homicide and murder. The basic difference between the two offences lies in the gravity of the offence. Homicide is one of the most grievous act a person can commit as it is the highest order of bodily injury inflicted on a human being hence that’s why regulations regarding Homicide are really grave, for instance, culprits are usually sentenced to life imprisonment or the death penalty as these are the most extreme punishments.
In India homicide is divided into two forms- Culpable Homicide (Section 299 of the Indian Penal Code) and Culpable Homicide amounting to murder (Section 300 of the Indian Penal Code). Both of these have a very minimal difference but these differences prove to be very crucial. {State of Andra Pradesh v. Rayavarapu Punnaya & Anr, 1977 AIR 45.}
Culpable Homicide:
The word ‘homicide’ has been derived from the Latin terms homi (man) and cido (Cut) or (kill). Thus, “homicide” means the killing of a human being by another human. Section 299 of the Indian Penal Code defines culpable homicide as
“Whoever causes death by doing an act 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 he is likely by such act to cause death, commits the offence of culpable homicide”.
Culpable homicide when exercised under the influence of the general exceptions mentioned under Section 76 to Section 100 of the Indian Penal Code is lawful homicide.
Ingredients of culpable homicides are as follows:
- Causing the death of a human being
- Death must have been caused by such an act
- The act must have been 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 such an act of the doer is likely to cause the death of the injured.
Sometimes gross negligence amounts to knowledge. Where a person acts in such a way that he is irresponsible towards taking necessary care and caution then it will be presumed that he has knowledge of the consequences of his act. The knowledge must be inferred from the surrounding facts and conduct of the accused. It is to be noted that death must be the consequence of the grossly negligent act to attract Section 299.
Murder:
Murder is the aggravated form of culpable homicide. Murder includes culpable homicide but, culpable homicide does not include murder in all cases. In order for a culpable homicide to amount to murder it should fall under the four clauses mentioned under Section 300 which are as follows:
- “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.”
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
Do follow me on Facebook, Twitter Youtube and Instagram.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com
We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.