Difference between culpable homicide and murder?

Answer 1

Section 299 defines Culpable Homicide.

Whoever causes death by doing an act with,

1. Intention of causing death.
2. Intentionally causing bodily injury which is likely to cause death.
3. Doing act with knowledge that it is likely to cause death.

Section 300 defines Murder.

Whoever causes death by doing an act with.

1. Intention of causing death.
2. Causing such bodily injury as the offender knows it is likely to cause death of person.
3. Intentionally causing bodily injury which is sufficient to cause death.
4. Doing act with knowledge that it is so imminently dangerous and in all probability causes death.

The question is when death of man is to be treated as culpable homicide or murder. there is thin difference between the murder and culpable homicide.why this difference is important because the culpable homicide carries maximum punishment of life imprisonment and where as murder carries death sustenance. 2 and 3 Ingredient of 299 and 3 and 4 of 300 difference is on apparent. read the marked words the difference would be noticed. if the death of the person is more than survival then it is murder. On the other hand death is likely, means survival and death are in the same proportionate, then it is culpable homicide. it depends upon what kind of weapon offender has used and where the injuries are caused.suppose the offender has used the sharp weapon and struck on the vital part of body, naturally the injury is sufficient to cause the death and offender has the knowledge that his act is imminent danger and in all probable death is bound to occur. This kind of death is called Murder. On the other hand, where the blunt and hard weapon like stick and stone are used and injuries are caused on the hard part of the body. In such cases the death is likely rather than probable, therefore it is culpable homicide and not murder.

The most confusing aspect is 1st ingredient of both definition because in both definition there is intention cause death. In both culpable homicide and murder the death is always caused intentionally, then how you can make the difference. Here you have to consider the degree of intention of the offenders. if person is killed in cold blooded manner or with well planed then it is murder because the intention to kill is in high degree. On the other hand the person is killed without pre planned, in sudden fight or in sudden anger because of some ones provocation or instigation, then such death is called the culpable homicide. whether it is murder or culpable homicide is question of fact depends upon the degree of intention, what kind of weapons are used and where the injures are struck.

Exception 1-5 to 300 section says killing of human being is considered as culpable homicide does not amounts murder. There are three three headings which deals with death of human being.

1. Culpable Homicide. section-299.
2. Murder-Section 300.
3. Culpable Homicide does not amount murder-Exceptions 1-5 to 300.

The drafter of IPC have created the confusion by defining culpable homicide under 299 and creating five exceptions to murder and calling it as culpable homicide does not amounts murder. Both deals with the same matter, it would have been better if section 299 is omitted.