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Monday, 13 May 2019

Murder and difference between Culpable Homicide And Murder

The Indian Penal Code refers to the authorised criminal code of India. It encompasses diversed forms of criminal aspects of the country. Moreover, it comprises certain offenses under varied sections, among them are Murder and Culpable Homicide, upon which we are going to put on our focus today. What actually is Murder and difference between Culpable Homicide And Murder, is worthy to have cognizance about, as there's a very thin line that differentiates each of them.



Before knowing more about it, another significant thing is to know a little more about the India Penal Code, as because the topic we are going to cover today comes under the Indian Penal Code itself. So, the Indian Penal Code came into being during the British rule. It was basically commenced on 01 January 1862. It was been started with a basic motive of providing a penal code of India. It comprises 23 chapters and 511 sections.



The offenses, Culpable Homicide and Muder, about which we are primarily going to focus on today, falls under the Chapter of XVI, and under Sections 299 and 300 respectively.To know more let's find out about Culpable Homicide And Murder stated further.


murder-and-difference-between-culpable-homicide-murder
Difference between Culpable Homicide And Murder

Murder and difference between Culpable Homicide And Murder

Murder
Murder is derived from the Proto-Indo-European word 'mrt┼Ľo' which signifies 'to die.'
Murder refers to the unlawful killing of another human which is done without any justification or valid excuse. Murder is basically a crime. It specifies the unlawful killing of a person with malice afore thought.

According to William Blackstone 'when a person of sound memory and discretion, unlawfully kills any reasonable creature in being and under the king's peace, with malice aforethought, either express or implied.' He cited this universal definition of murder in his book 'Commentaries on the Laws of England'

Section 300 of Indian Penal Code is concerned with the case, where Culpable Homicide is murder, thus signifying that a Culpable Homicide is murder only if it falls under any of the clause of Section 300, and if not so, it cannot be referred to murder. Murder includes culpable homicide, but a culpable homicide cannot be referred to murder.




Difference between Culpable Homicide and Murder

Culpable Homicide
1. Definition : Culpable Homicide refers to the killing of a human being by another human being. It may be either lawful or unlawful in nature.

2. Section concerned : Section 299 of Indian Penal Code is concerned or deals with Culpable Homicide.

3. Is not related to murder : All Culpable Homicide is not murder. It can be referred to murder, only if it falls under any of the clause of Section 300.

4. Intention to kill a person : Under the offense of Culpabale Homicide, a person doesn't kill another person intentionally, for which this offense is termed as Culpable Homicide and not Murder. But the bodily injury caused by the offender must be intentional, which may or may not result to the death of that person.

5. Ingredients :

(i) Causing of death of a human being - Death means death of a human being. It does not include the death of an unborn child, such as a child in mother's womb.

(ii) By doing an Act - Death must have been caused by doing an act such as poisoning, starving, striking, drowning etc.

(iii) The Act must have been done
a) With the intention of causing such bodily injury
b) With the knowledge by such act to cause death



Murder

1. Definition : Murder refers to the unlawful killing of another human without any justification or valid excuse. It specifies the unlawful killing of a person with malice afore thought.

2. Section concerned : Section 300 of Indian Penal Code is concerned or deals with murder.

3. Is related to culpable homicide - All murder can be referred ro culpable homicide, without being falling under any Sections.

4. Intention to kill person : Under the offense of Murder, a person kills another person intentionally with his/her full concern of mind, for which this offense is termed as Murder and not Culpable Homicide. The offender here, has full knowledge that the bodily injury caused by him, will definitely lead to the death of the other person.

5. Ingredients :

(i) There must be the presence of bodily injury.

(ii) The nature of the injury must be proven.

(iii) The crime caused, must be intentional in nature, neither for self defence nor accidental nor any other factors that may be proven to be unintentional.



Thus, all about Murder and Difference between Culpable Homicide and Murder, that we glanced so far, was been stated in the brief possible way, to grasp it's main significance within minutes, which I hope it rightly did.

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