This article has been written by Ms. Nandhini Sasikumar, a 3rd year of BA LLB Student from The Central Law College, Salem.

INTRODUCTION:

     Culpa means Mind (Mental Element), Homicide means Killing human being by a human being, thus making more the concept clear regarding what culpable homicide means. The important elements of culpable homicides are as follows, Causing of death of a human being; Such death must have been caused by an act- 1). With the intention of causing death. 2). With the intention of causing such bodily injury as is likely to cause death. 3). With the knowledge that the doer is likely by such an act to cause death. 

MAIN CONTENT:

     Homicides are divided into two categories and then further sub-classified into different types as, LAWFUL HOMICIDE- These are homicides which generally deals with the cases under chapter of Indian Penal Code (Section 76-106) where human is killed by humans but still doesn’t comes under the ambit of being punished. Example: Killing of a person, by a person who is legally bound, acting judicially, mistake of fact believing himself justifies by law etc. UNLAWFUL HOMICIDE- These are homicides which deals with cases, where killing of one human by another is under the ambit of getting punished for the same. Example: A the son shots B the father with criminal intent and kills him for the temptation of property this will be consider as Unlawful Homicide.

• Culpable Homicide (under Section 299)
• Murder (under Section 300)
• Death by Negligence Act (under Section 304A)
• Suicide

     Many of us have confusing and wrong understanding between the meaning of Culpable Homicide and Murder. Let’s get into what the two means and how they are different, or there is any difference exits or not. So, let assume that Culpable Homicide is a Genus and murder, suicide, death by negligence these all are its species. So, intention is a necessary element in all fore mentioned homicides. We can clearly state that “all Murder are Culpable homicide, but not all culpable homicide are murder”. The major difference between them is that murder is a more heinous form of culpable homicide.

     Section 299, Indian Penal Code Defines Culpable Homicide- Whoever cause death by doing act with the intention of causing death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. The intention for committing any crime is a very necessary element but it creates a boundary between the Culpable Homicide and grievance hurt. Whenever a criminal act is done with a criminal knowledge or intention it will amount to Culpable Homicide but when the criminal act is done without any criminal intention or knowledge then it will not amount to culpable homicide but would rather amount to grievance hurt. 

     Example: The causing of the death of child in the mother’s womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. This states that up to that time when the child is under the womb of the mother, death caused in that state of the unborn child will not amount to culpable homicide but the stage when the child’s any body part comes out of the womb like head, hand, even a small finger and then if the death is caused will amount to culpable homicide and will be punished accordingly.

   DEGREES OF CULPABILITY:

        The degree of culpability depends upon the facts of circumstances that could vary from case to case. There is 3 degree of culpability, which are as follows,

1. Section 299, Murder- This is the most severe form of degree of culpability, and a person could get death penalty for the same.
2. Section 304, paragraph 1- Punishment for culpable homicide not amounting to murder- Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death. In this a person could get the punishment of imprisonment for life.
3. Section 304, paragraph 2- This is considered as the 3rd degree and the lowest one as in this the punishment is either an imprisonment for the term of 10 years, or fine, or both.

     In KUSA MAJHI V. STATE OF ORISSA, AIR 1980 SC 559: The deceased admonished her own son for not going for fishing with the co-villagers. Infuriated on this the accused, the son, brought an axe and dealt blows on her shoulder and she died. There was no pre-plan or premeditation. The blows were not on the neck or head region. The accused dealt blows likely to cause bodily injury which was likely to cause death and he dealt blows on the spur of moment and in anger. Therefore, it was held to be a case of culpable homicide falling under this section.

     In RAMESH KUMAR V. STATE OF BIHAR, 1993 Crl L.J.3137 (S.C.): H.NL. Das, father of murdered. It is alleged that appellant’s father while going to his paddy field was surprised by respondents, namely, Ram Krishna Rai, Giani Mohinder Baitha and Kusheshwar Rai (since deceased). The responded relieved the deceased of his loaded pistol, assaulted him with fist blow and kicks and then neck of the deceased was tied with a rope and he died of strangulation. The accused were tried for the offence under section 3 Indian Penal Code and sentenced under Section 302/34 by the trial Count the High Court in appeal preferred to convert the conviction under Section 304, Part II, I.P. Code. Mr. Ramesh Kumar son of deceased filed a special leave petition against the order of the High Court. The Supreme Court did not deem it fit to interfere with the judgment of the High Court be injuries were caused to the deceased only by kicks and fist blows although they were in possession of weapons like pistol, knife and lathi. Had been accused shared the common intention to cause the death of the deceased nothing prevented them from using the pistol. The circumstances shows that in all probabilities the respondents did not intend to cause death of the deceased and they wanted to severely assault him only. Accused person not intend to cause injury sufficient in the ordinary course of nature to cause death.

CONCLUSION:

     Though both the concepts of murder and culpable homicide seem to be the same in certain sense they differ in the aspect of the degree of probability of death or it can be said as the seriousness of the act of the crime. If the act done by the offender is either a heinous crime or it is a very dangerous act that causes only death to a person, without any other result it would aptly fall under the concept of Murder and not Culpable homicide. If such an act by the offender leaves the victim to be alive with some grievous hurt with a chance of escaping death, then it is said to be a Culpable Homicide which does not amount to murder.

REFERENCES:

1. Bare Act of Indian Penal Code.
2. Indian Penal Code by Prof. S.N. Misra
3. www.manupatra.com
4. www.indiankanoon.com
5. Dr. Lakshmi T and Rajesh kumar S In Vitro Evaluation of Anticariogenic Activity of Acacia Catechu against Selected Microbes, International Research Journal of Multidisciplinary Science and Technology, Volume No. 3, Issue No. 3, P. No 20-25, March 2018.

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