The Latin word homo means “man,” and cida means “killing,” which is where the word “homicide” originates. Thus, culpable refers to someone who is adequately liable for illegal conduct, while homicide indicates the death of a man by another man. Thus, “culpable” with “homicide” designates a person (a man) who should bear responsibility for the death of another man. The legislation punishes culpable homicide.
The Sections of the Indian Penal Code (IPC) pertaining to culpable homicide and murder are thought to be intricate and technical, which tends to cause confusion. Though not all culpable homicides constitute murder, it is widely accepted that every culpable homicide is. Murder is the species of culpable homicide, while the former is considered a genus.
Culpable Homicide IPC: About
Section 299 of the IPC addresses Culpable Homicide not Amounting to Murder. “Culpable homicide” is the term used to describe killing another person. The section states that an act of culpable homicide occurs when the victim is killed with the intent to kill or knowing that the victim is likely to die. It also includes situations in which an act is carried out knowing that it would likely cause death or with the intent to cause physical damage that will probably cause death.
Important Ingredients:
- There must be a deliberate purpose to cause death,
- A bodily damage that is likely to cause death, or
- An action that the individual knows is likely to cause death.
Murder: About
Section 300 of the IPC addresses murder. One of the most heinous crimes under the IPC is murder, which carries a life sentence or the death penalty. But not every homicide is regarded by the law as a murder. A person may occasionally face charges of culpable homicide, a less serious crime than murder.
Important Ingredients:
- The purpose of the act is to induce death.
- The act is performed with the knowledge that it will kill the victim and with the purpose of causing that kind of bodily harm.
- When someone knows that what they are doing is risky and likely to result in death or serious injury but nonetheless does it, that person has committed murder.
Difference Between Culpable Homicide and Murder
There are major differences between Culpable Homicide and Murder which is often discussed from the judiciary point of view. They are:
| CULPABLE HOMICIDE | MURDER |
| Someone who commits an act that puts another person in danger of death and thereby results in their death is known as culpable homicide not amounting to murder. | Someone who has the adequate intent to cause the death of another person by any conduct that results in that person’s death is known as murder. |
| It is mentioned under Section 299 and Section 304 of the Indian Penal Code. | It is mentioned under Section 300 and Section 302 of the Indian Penal Code. |
| Intention as well as knowledge is required to establish this kind of grievous offense. | Knowledge is enough to establish this kind of grievous offense. |
| Its purpose is to likely cause the death of any individual. | Its purpose is to cause the death of any individual. |
| The degree of intention is less. | The degree of intention is sufficient. |
| The punishment for culpable homicide is ten years or life imprisonment, either with or without a fine. | A person committing this offense can be punished with life imprisonment and in some cases death. |
Role of the Judiciary: Culpable Homicide and Murder
There are various landmark rulings. They are:
- In the case of Prasad Swanker v Ranjit Kumar, the defendant faced murder charges, but he insisted that he acted to defend himself in self-defense. The deceased’s claim of self-defense was reinforced by suspicions that he was committing robbery. The evidence from the crime location and the accused’s injuries, the court decided, heightened the possibility that the pleading of self-defense was genuine. Consequently, the court overturned and upheld the accused’s murder conviction.
- In the case of Subha Naik v R, on the direction of a superior, a constable killed a person. However, it turned out that neither the constable nor the other officers believed that targeting a particular group with gunfire was necessary to ensure public safety. Because he disobeyed his superiors’ orders, the constable was consequently accused of murder. This suggests that regardless of whether a person is following orders from above, they may still be prosecuted for murder if it can be proven that their actions did not act lawfully or in the public’s best interest.
The difference between murder and culpable homicide is subtle. Murder is just one kind of homicide in a group. The most important thing to keep in mind is the purpose of the offense. Despite the fact that both offenses have the same final outcome, the courts have often attempted to distinguish between them.
