This article has been written by Ms.Devika More,a 2nd year LLB Student from D.E.S.’S Shri Navalmal Firodia Law College, Pune.

In criminal law, the terms “homicide” and “murder” are often used interchangeably. However, it is important to note that there are significant differences between these terms, especially from an Indian law perspective.

 Homicide:

Homicide is understood in the broadest sense as the act of causing death to another person. Homicide in Indian law is an umbrella term for various types of unlawful killings, from deliberate acts to accidental acts resulting in death. Homicide can be further divided into different categories depending on the intent, circumstances and guilt of the perpetrator.

 Murder definition

Murder, on the other hand, is a special type of homicide that involves the intentional and unlawful killing of another person. A key factor that distinguishes murder from other forms of homicide is the presence of malice. Malice is the intentional act of causing death or serious bodily harm to another person.

 Murder under Indian law:

Section 300 of the Indian Penal Code (IPC) deals with murder. According to this provision, murder occurs when a person commits an act with intent to cause death, and the act results in the death of the victim. In addition, such actions must be taken with the knowledge that they may cause bodily harm that may result in death . Murder is a felony and is further classified into first-degree murder, second-degree murder, and so on.

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.”

Classification of homicide in Indian law:

Indian law recognizes and classifies homicide into different crimes, mainly based on the intent and mental state i.e. [mens rea] of the offender. These classifications include murder, culpable homicide, and manslaughter. To understand the nuances of Indian criminal law, it is important to understand the differences between these crimes.

Article 299 of the IPC, culpable homicide is an act that causes death without intent to do so and with the knowledge that such act is likely to result in death or serious bodily harm. culpable homicides fall into two categories :

Manslaughter that falls under homicide and manslaughter that does not fall under homicide. The former refers to cases in which the act of attempting to kill a person is committed when the requirements for a murder crime are not met. The latter is a lethal act, but the perpetrator had no murderous intent.

Manslaughter under Indian law:

Manslaughter, also known as culpable homicide that does not constitute murder, is a lesser crime than murder. Manslaughter occurs when a person causes the death of another person with no intent to cause death or serious bodily harm. Manslaughter is usually an act of recklessness or negligence that lacks the malice necessary for murder.

Gross negligence may amount to knowledge. If a person behaves irresponsibly in such a way that due care and attention should be paid, he is presumed to know the consequences of his actions. Knowledge must be derived from the surrounding facts and actions of the defendant. Note that the death must be the result of an act of gross negligence in order to benefit from section 299

Penalties and Legal Implications:

Indian law provides harsh penalties for murder, with a maximum penalty of life imprisonment or, in extreme cases, the death penalty. The amount of punishment depends on the circumstances and the seriousness of the murder. culpable homicide which amounts to murder, is punishable by life imprisonment or imprisonment for not more than 10 years. Manslaughter is a minor offense punishable by up to 10 years in prison and/or a fine.

The word “homicide” comes from the Latin words “homi” (man) and “cido” (cut) (to kill). “homicide” means a human being kills another human being. Section 299 of the Indian Penal Code defines a culpable homicide as “a person who commits an act with intent to cause death or with intent to cause bodily harm that is likely to result in death, or with the knowledge that it is likely to do so. “He who causes death.” “Where such an act causes the death of a person, it commits culpable homicide.” Culpable homicide, which is a conviction, is lawful if committed under the influence of the general exceptions set out in sections 76 to 100 of the Indian Penal Code.

The requirements for culpable homicide are as follows:

• Causesomeone’s death
• Deathmust have been caused by such an act
• Theact must have happened
• withintent to cause death, or
• Intendedto cause physical harm that may or may result in death;
• Knowingthat such actions by the perpetrator could possibly result in the death of the

Exception to Article 300 of the IPC WHERE CULPABLE HOMICIDE IS NOT CONSIDERED AS MURDER

Clauses 1 to 4 of Section 300 provide an important factor where culpable homicide amounts to murder. Article 300 stipulates cases in which culpable homicide constitutes murder, and if the murder committed, the punishment shall be reduced to homicide not falling under IPC Article 302, instead of murder falling under IPC Article 304. It provides for certain exceptional circumstances under which .

Exceptions are:

• violent sudden provocation
• private defense
• Exercise of legal authority
• Unintentionally sudden fights or
• Consent in case of passive euthanasia

A fine line is the intention behind the action. All murders are culpable  homicide, but the reverse is not true. Since the IPC came into force, distinguishing which cases fall into which category is a recurring problem often faced by courts. A brief reading of the relevant provisions of the Code seems to allow  to conveniently divide cases into two categories, but when it comes to practical application, courts often face this dilemma. The confusion is whether the intent was simply to inflict bodily harm and not murder, or whether there was a clear intent to kill the victim (this is one of the obvious cases of criminal offences). It often happens when it is difficult to judge from the evidence. The most confusing is the “intent”. Because in both clauses the intent is to bring about death. Therefore, it is necessary to consider the degree of intent of the perpetrator. When a person is killed in cold blood or premeditatedly, it is murder because there is a strong intent to kill, not because of sudden anger or provocation. On the other hand, if the victim is murdered without prior planning, in a sudden quarrel, or in sudden anger at the provocation or instigation of others, such a death is called culpable homicide. Therefore, it is a matter of fact whether it is culpable murder or murder.

Conclusion:

Murder and homicide are often used interchangeably, but it is important to recognize the difference between these terms from the perspective of Indian law. Murder refers to the intentional and unlawful killing of another person with malicious intent, but homicide is a broad term that includes many different types of unlawful killings. Understanding these differences will help ensure proper application of the law and achieve fair and equitable outcomes in criminal cases involving the loss of life.

References

https://www.mondaq.com/india/crime/988662/difference-between-murder-and-culpable-homicide

indianlegalsolution.com/

Difference between Murder and Culpable Homicide (finology.in)

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