Murder and Culpable homicide – Adv. Asad Bin Gayyur
New Delhi : Read and comment answer written on Murder and culpable homicide by Adv. Asad Bin Gayyur Judicial Service Aspirants .
Question 2. Difference between murder and culpable homicide (300 words)
Answer. Interpretation of Murder and Culpable homicide –
Section 299 and Section 300 of the Indian Penal Code, 1860 provides for Culpable homicide and Murder.
R v. Govinda I.L.R 1876 Bombay 382
In this case, the difference in Sections 299 and 300 was clarified by the Melibal judge ,The accused pushed and dropped his wife on the ground. Then, kneeling on her chest, hit her two or three times in the face, which started bleeding from her brain and she died after some time. In this case, the accused neither intended the death of his wife nor the physical damage inflicted by him was so substantial that he could have died in the normal sequence of nature. The accused were punished for culpable homicide which did not fall in the category of murder.
Section 299 – Interpretation of Culpable homicide and Murder-
(1). Culpable homicide is a murder, with a few exceptions
If culpable homicide falls within the limit of any one of the exceptions described in section 300, it will not be a murder.
(2). Whenever the intention of the offender is to cause death, it will always be a case of murder, unless the offense falls under one of the exceptions given in Section 300.
(3). The difference between section 299 clause (b) and section 300 clause (2) is based on the knowledge of the offender that the person who is being harmed is likely to die. If the offender knows that the damaged person is likely to die in any way that does not result in simple death, then the crime will come under the category of murder.
(4). The amount of criminality in such cases depends on whether the accused was aware of these facts, Such knowledge is not required under section 299 clause (b).
(5). Similarly, when comparing sections 299 clause (b) and 300 clause (3), it becomes perfectly clear that the crime committed will be culpable homicide, and bodily injuries are likely to result in death. It would be murder when grievous hurt is enough to cause death in a minor sequence of nature.
(6). Whether a crime is culpable homicide or murder depends on the threat to human life. If there is a possibility of death, then the crime will be culpable homicide and if there is a high probability of death then it is murder.
Conclusion- All murders are culpable homicide ,but not all Culpable homicide is fall in the category of Murder.