Written by: Urvi Malhotra and Nipun Kalra
CULPABLE HOMICIDE AND MURDER
Murder and culpable homicide are two of the most serious offenses under the Indian Penal Code (IPC). These offenses are punishable by imprisonment, and in some cases, even by death. In this blog, we will take a closer look at the provisions related to murder and culpable homicide in the IPC.
WHAT IS CULPABLE HOMICIDE?
Culpable Homicide comes under section 299 of the Indian Penal Code (IPC).
Whoever causes death by doing an act with the intention of causing death or with the intention of causing such bodily injury which 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.
ESSENTIALS OF CULPABLE HOMICIDE:
- There must be intention of causing death of the person.
- The accused must have intention that such bodily injury is likely to cause death to whom the harm has been made.
- The accused must have knowledge that such an act would likely to be cause death.
EXPLANATIONS –
- A person who causes bodily injury to the other person who is suffering from a disease or disorder and thereby accelerates the death of the person shall be deemed to have caused his death.
- Where death is caused by such bodily harm, the person shall be deemed to have caused death, although proper remedies and treatments are provided.
- If the death of the child is caused in mother’s womb then it will not amount to culpable homicide, until and unless any body part of the baby is out of the womb and only then death will amount to culpable homicide.
PUNISHMENT FOR CULPABLE HOMICIDE NOT AMOUNTING TO MURDER
- Punishment of culpable homicide not amounting to murder is provided under sec 304 of IPC. It states that, whoever causes death with intention or causes such bodily injury as is likely to cause death or with the knowledge that death is likely to be caused because of the act, shall be liable for life imprisonment or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
- Secondly, whoever causes death without the intention of causing death or such bodily injury as is likely to cause death or doesn’t have the knowledge that his act could cause death shall be sentenced to imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
- If the act which causes death is done without the intention of causing death but with the knowledge that death is likely to be caused by such act, the person shall be sentenced to imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
CASE LAWS RELATED TO CULPABLE HOMICIDE NOT AMOUNTING TO MURDER
- “Culpable homicide” is the genus, and “murder” is the species. All “murder” are culpable homicide but not vice-versa; Narasingh Challan v. State of Orissa, (1997) 2 Crimes 78 (Ori).
- Virsa Singh vs State of Punjab (AIR 1958 SC 465): In this case, the Supreme Court held that there must be a direct consequence of the injuries inflicted on the deceased. Therefore, intervening causes must not be independent or unconnected with the injury sustained by the deceased.
- Joginder Singh vs State of Punjab (AIR 1979 SC 1876): The Supreme Court held that there has to be a proximate causal link between the two, i.e. death and the act. The death must be a direct consequence of such an act.
EXCEPTIONS TO CULPABLE HOMICIDE NOT AMOUNTING TO MURDER
- Culpable homicide does not amount to murder in case of grave and sudden provocation, the sudden provocation should come from the other side.
- Culpable homicide does not amount to murder in cases when a person exceeds his power given by law in order to protect himself or his property in good faith in the right of private defence and without any intention of doing more harm than is necessary.
- Culpable homicide does not amount to murder if a public servant or a person aiding a public servant exceeds his power given to him by law in order to attain public justice, believing that he is doing a lawful act and in a good faith.
- Culpable homicide does not amount to murder when there is a sudden fight and there is no premeditation or intention to cause bodily injury which may lead to death.
CULPABLE HOMICIDE AMOUNTING TO MURDER
- Under Section 300 of IPC, except in the cases hereinafter, 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.
ESSENTIALS OF CULPABLE HOMICIDE AMOUNTING TO MURDER
- There must be an intention to cause the death of the person.
- There must be an act or harm caused or cause such bodily injury that is likely to cause the death.
- The act must be done with the sufficient knowledge that the act of one is likely to cause the death of another person.
PUNISHMENT FOR CULPABLE HOMICIDE AMOUNTING TO MURDER
Punishment for culpable homicide amounting to murder is stated under section 302 of IPC. This section provides punishment for murder which means the person who has committed murder or culpable homicide amounting to murder shall be liable for either life imprisonment or death penalty and he/she shall also be liable to pay fine.
Death penalty provided under this section is only given under rarest of rare cases.
CASE LAWS RELATED TO CULPABLE HOMICIDE AMOUNTING TO MURDER
In the case of Machhi Singh And Others v. State Of Punjab, the Indian Judiciary stated the grounds on which death penalties were, they are as follows:
- When the murder committed is extremely brutal, ridiculous, diabolical, revolting, or reprehensible manner which awakens intense and extreme indignation of the community. For instance, setting someone’s house on fire with the intention to burn them alive;
- The magnitude of the crime is at a large scale which means causing multiple deaths;
- When death is caused because of the caste and creed of the person;
- When the motives of the accused were cruelty or total depravity; and
- When the murder victim is an innocent child, a helpless woman or person (due to old age or infirmity), a public figure, etc.
Defenses for Murder and Culpable Homicide
In some cases, the accused may have a defense for murder or culpable homicide. Some of the defenses can include:
- Self-defense – If the accused acted in self-defense and had no other way to protect themselves, it may be a defense.
- Insanity – If the accused was suffering from a mental illness at the time of the offense, it may be a defense.
- Accident – If the death was caused by an accident and not by an intentional act, it may be a defense.
DIFFERENCE BETWEEN CULPABLE HOMICIDE AND MURDER
A common line phrase that differentiates between culpable homicide and murder is that “All murders are culpable homicide but not all culpable homicides are murders”. We can understand this by saying that Culpable homicide is the “genus” and murder is the “species”. We can also say that murder is more aggravated form of culpable homicide.
There is a thin line of difference between culpable homicide and murder which is “degree of intention”.
In culpable homicide the degree of intention is less, there is no intention to kill the person but in murder the degree of intention is more and there is intention to kill the person, the accused is for sure that his act will definitely cause death.
It is extremely difficult to distinguish between culpable homicide and murder as the end result for both of them is death. But there is a presence of difference of intention and knowledge and it is involved in both the crimes. The actual difference lies in the degree of intention and knowledge between both the crimes.
| Criteria | Murder | Culpable Homicide |
|---|---|---|
| Legal Definition | Intentionally causing death or causing bodily injury likely to cause death. | Causing death with the intention of causing death or bodily injury likely to cause death. |
| Intent to Cause Death | Direct intention to cause death. | May or may not have a direct intention to cause death. |
| Degree of Harm | Injury sufficient in the ordinary course to cause death. | Injury likely to cause death, not sufficient to cause death in ordinary course. |
| Knowledge of Act’s Consequences | Certain knowledge that the act will cause death. | Knowledge that the act is likely to cause death. |
| IPC Sections | Section 302 | Section 299 and 304 |
| Punishment | Death or life imprisonment | Imprisonment up to 10 years or life, fine |
Case Studies and Legal Analysis:
The Thin Line Between Murder and Culpable Homicide: A Legal Journey Through Landmark Cases
Indian judiciary has intricately carved the distinction between murder and culpable homicide through a series of landmark cases. A pivotal case in this context is State of Andhra Pradesh v. R. Punnayya (1977), where the Supreme Court laid down clear parameters distinguishing these two crimes. The court emphasized that the degree of probability of death occurring would determine whether an act falls under murder or culpable homicide.
Another noteworthy case is K.M. Nanavati v. State of Maharashtra (1962), a landmark judgment that shifted public perception and judicial scrutiny over the definitions of these offences. The case revolved around the killing under grave provocation, questioning the fine lines of intent and knowledge in the act.
These cases exemplify the nuanced application of legal principles, underscoring the significance of intention, knowledge, and circumstances surrounding the act to differentiate between murder and culpable homicide.
Historical Evolution of Legal Definitions:
Tracing the Evolution: Murder and Culpable Homicide in Indian Law
The legal definitions of murder and culpable homicide have evolved significantly in Indian law. Historically rooted in the British legal system, these terms have been adapted to suit the Indian context. The Indian Penal Code, 1860, initially adopted these concepts but has since seen various amendments and interpretations.
The evolution is particularly evident in how the Indian judiciary has interpreted ‘intent’ and ‘knowledge’ in these crimes. Early legal interpretations often leaned heavily on the literal text, but over time, a more nuanced understanding has developed, considering the circumstances and the psychological state of the accused.
Global Legal Comparison:
Murder and Culpable Homicide: A Comparative Legal Study
Globally, legal systems treat murder and culpable homicide (or its equivalent) differently. For instance, in the UK, ‘manslaughter’ is a term often used in place of culpable homicide, with distinctions based on voluntary and involuntary acts. The USA, on the other hand, categorizes murder into degrees, with first-degree murder involving premeditation, distinguishing it from less premeditated or unintentional killings.
Comparatively, Indian law encompasses a broader spectrum, focusing significantly on the intention (mens rea) and knowledge associated with the act, making the Indian legal framework unique in its approach to these offences.
Conclusion
Murder and culpable homicide are serious offenses under the Indian Penal Code. These offenses can lead to severe punishments, including imprisonment and even death. It is essential to be aware of the provisions related to murder and culpable homicide to avoid committing such offenses. If you or someone you know has been a victim of murder or culpable homicide, it is important to report the incident to the police immediately.
FAQs related to Murder and Culpable Homicide:
- What is the main legal difference between murder and culpable homicide?
- The main legal difference lies in the intent and knowledge associated with the act. Murder involves a direct intention to cause death, whereas culpable homicide is causing death with the intention of causing death or bodily injury that is likely to cause death.
- Can culpable homicide amount to murder?
- Yes, culpable homicide can amount to murder if it falls under the definitions provided in Section 300 of the IPC, which specifies conditions under which culpable homicide becomes murder.
- What are the exceptions under which murder is not considered murder under IPC?
- The Indian Penal Code outlines exceptions such as grave and sudden provocation, exercise of the right of private defense, actions of a public servant, sudden fight, and consent, under which an act that would otherwise be murder is treated as culpable homicide.
- How is the punishment for murder different from that of culpable homicide?
- The punishment for murder (under Section 302 IPC) is death or life imprisonment, whereas culpable homicide not amounting to murder (under Section 304 IPC) is punishable with imprisonment up to 10 years or life, and may also include a fine.
- What role does intention play in determining whether a case is murder or culpable homicide?
- Intention is crucial in differentiating between the two. Murder requires a clear intention to cause death, while culpable homicide involves an intention to cause bodily injury that is likely to cause death.
- Are there any defenses available for individuals charged with murder or culpable homicide?
- Defenses such as insanity, intoxication, accident, absence of intention to cause death, or acting in self-defense can be used, depending on the circumstances of each case.
- Can a person be acquitted of murder charges but still be convicted of culpable homicide?
- Yes, this can happen if the court finds that the act committed fits the definition of culpable homicide but not the stringent criteria for murder.
- What is the significance of ‘knowledge’ in cases of murder and culpable homicide?
- ‘Knowledge’ refers to the awareness of the consequences of one’s actions. In murder, there’s certain knowledge that the act will cause death, while in culpable homicide, the individual has knowledge that their act is likely to cause death.
- How do courts determine the degree of harm in these cases?
- Are there any recent amendments or notable changes in the law regarding murder and culpable homicide?
- The Indian Penal Code is undergoing significant changes under the proposed new bill, often referred to as the “Bhartiya Dand Sanhita.” This bill aims to modernize and update the IPC, including the sections on murder and culpable homicide. While the core definitions and distinctions might remain largely intact, the new bill is expected to incorporate contemporary understandings of crimes and penalties, aligning with current societal and legal perspectives. It’s important for legal professionals and the public to stay updated with these changes to understand how they might impact the legal treatment of murder and culpable homicide cases in India.
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