If not, then what is their relation? Why it is said that every “Murder is Culpable Homicide but all Culpable Homicide are not Murder”?
This is one of the most interesting question which is often asked to law students or in Judiciary exams as to what is the relation between these two offences and if they are different then how they are different, as in both offences Actus reus is death of a person, then when death of a person amounts to culpable homicide and when it amounts to murder. Most of the students thinks that when someone kills other with intention then that killing act amounts to murder and otherwise such killing act amounts to culpable homicide, well this is completely wrong understanding.
To understand the above stated issue, it is important to understand Section 299 & Section 300 IPC which are defining Culpable Homicide and Murder respectively.
Are Murder & Culpable Homicide being different offences?
Murder & Culpable Homicide are different offences but they have the genus and specie relationship, and to understand this connection we have to look into two things-
a) Marginal heading of Section 299 & 304 and
b) Phrase u/s 300 IPC “Culpable Homicide is murder if”
a) Point to note is that, Section 299 defining culpable homicide and its punishment given under section 304 but section 304 instead of giving punishment for culpable homicide it’s giving punishment for culpable homicide not amounting to murder, this shows that there is some kind of connection between murder and culpable homicide, as for every offence like theft, robbery, kidnapping etc punishment is given for the same respective offence then why it is not same in the case of culpable homicide.
So, what is the relationship-
- As Murder & Culpable homicide always possess a genus & specie relationship Therefore, if once S.299 proves then there is always automatic examination of S.300 and after such examination if element of S.299 proves but S.300 elements not proved then ultimately offence which will amount is culpable homicide not amounting to murder.
- In case S.299 proved along with S.300 elements but any of the exception of S.300 also proved then again, the offence which will amount is that culpable homicide not amounting to murder.
With the above explanation we can understand the reason why S.304 providing a punishment for Culpable homicide not amounting to murder instead of simply culpable homicide.
Q. When culpable homicide amounts to murder?
Answer for the above question we can find from S.300 itself, the phrase “Culpable homicide is murder if” means if after proving of S.299 any of the element of S.300 also proved then culpable homicide will amounts to murder. With this phrase we are also getting genus specie relationship, as culpable homicide is gate way to reach murder and there cannot be murder without culpable homicide.
This is how we can say “all murders are culpable homicide but all culpable homicide are not murder”
Therefore, we can also say that despite culpable homicide and murder are different offences but they are connected to each other We are one of the best online coaching for judiciary and ranking best RJS coaching in Jaipur for more interesting knowledgeable law facts you can follow us.
