INTRODUCTION: Sections 299 and 300 of the Indian Penal Code deal with culpable homicide and murder, respectively. Between them, there is a thin line of distinction. Because of the tiny discrepancy, this commonly poses difficulty for advocates and legal practitioners who are unsure where to lay the case.
Murder is a species, while culpable homicide is a genus. “All culpable homicides are murders, but not all culpable homicides are murders.”
Culpable homicide, according to Section 299 of the Indian Penal Code, is defined as the unlawful killing of a human being, which becomes murder when the conduct first meets all of the conditions of Section 299 and subsequently meets all of the conditions of Section 300.
DEFINITIONS OF THE TERMS:
MURDER: The word “murder” comes from the Germanic word “morth,” which literally means “secret killing.” A murder occurs when one person is slain by another person or a group of people with the premeditated goal to end the former’s life. A crime is not considered ‘murder’ unless it contains an act that meets the criterion of culpable homicide as defined by the IPC. All killings are culpable, but not all homicides are murders. Murder is dealt with in sections 299 and 300 of the Indian Penal Code.
HOMICIDE: The word homicide is supposedly derived from Latin where “homo” means man and “cida” means killing. Thus, homicide means the killing of a man by a man. Homicide can be lawful or unlawful. Culpable homicide that is punishable by law, is further divided into two categories:
Culpable homicide amounting to murder
Culpable homicide not amounting to murder
IPC Section 299 vs. Section 300: WHAT IS THE DIFFERENCE?:
1. Intention of causing death–
Both sections 299 and 300 include the words “an act with the intent of causing death.” So, what is the difference?
Because it falls under one of the five exceptions set forth in Section 300, a purposeful act that results in death may not be considered murder. This is known as a responsible homicide.
As a result, if an intentional act meets the conditions of section 299 but falls under the second portion of section 300 (exceptions), it is not considered murder.
2. Bodily harm likely to result in death–
Whoever causes death by committing an act with the aim to cause bodily injury likely to result in death.
When comparing this part of section 299 to section 300, it means that if the act is done with the goal of causing bodily injury and the offender knows that the person to whom the harm is caused is likely to die. Alternatively, if the conduct is done with the intent to cause bodily injury to any person, and the bodily injury intended to be inflicted is sufficient to cause death in the regular course of nature.
> Bodily injury+ Intention+ Knowledge= Culpable Homicide Amounting to Murder
For this portion, we can plainly see that an act committed with intent but not with knowledge does not constitute murder, and it is a culpable homicide that does not constitute murder.
> Bodily injury+ Intention= Culpable Homicide Not amounting to Murder
Even if there is no knowledge and the bodily hurt intended to be caused is adequate in the regular course of nature, it will be considered murder.
> Intention + bodily injury sufficient to cause death in the regular course of nature = Culpable Homicide Amounting to Murder
3. Under sections 299 and 300, there is a discrepancy in knowledge–
If a person causes death by performing an act knowing that he is likely to cause death as a result of that conduct.
This is the last of Section 299’s conditions.
So, if we raise the degree a little higher, the act will be covered by section 300.
If the person conducting the act knows that it is so risky that it will almost certainly result in death or bodily injury that is likely to result in death, and he does so without any justification for risking death or injury as stated, the act is considered murder.
WHEN CULPABLE HOMICIDE IS NOT MURDER?:
Section 300 of the IPC outlines circumstances or exclusions under which a murderous act is considered a culpable homicide not amounting to murder if it occurs. It has five exclusions that lessen the seriousness of the crime from murder to culpable homicide that does not constitute murder.
The following are the five exceptions listed in section 300 of the Indian Penal Code:
1. Serious and immediate provocation.
2. Excessive employment of private defence attorneys.
3. In the exercise of legal authority.
4. Fight in the heat of the moment.
5. Consent.
CONCLUSION: Murder and culpable homicide are two overlapping but different offenses. The difference between the two lies in the perpetrator’s “intention” and “knowledge” when committing the crime. Though the rules appear to categorize instances easily, the courts are frequently presented with the difficulty of culpable homicide and murder when attempting to apply these two parts in a given case.
In such cases, the judge’s job becomes even more important. One cannot expect him or her to be precise all of the time because humans are designed to make mistakes, but a judge determining such a sensitive matter must examine all of the intricacies of the case before reaching any conclusions.
As a result, this is the most significant component of murder. Because there is no clear line between them, it will vary from case to case. In such circumstances, the judge will play the most important role.
ENDNOTES: http://www.legalserviceindia.com/legal/article-518-culpable-homicide-versus-murder.html
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.