Murder And Culpable Homicide: The Difference

Section 299 and 300 of the Indian Penal Code deals with Culpable Homicide and Murder respectively. Generally, it creates a difficulty to Lawyers and Practitioners as to where to lay their case. The meaning of Murder and Culpable Homicide are closely attached to each other; however, these cannot be used in place of each other.

Both of these phrases refers to the act of killing someone, but they differ in terms of their essentials.

Culpable Homicide is the circumstances which led to the death of a person by another person or a group of persons whereas a Murder is occurred when the death of a person is caused by another person or a group of persons with the intention to cause death.

Ingredients constituting Murder-

• Intention to cause death

• Commencement of act to cause death

• Knowledge of the act as to cause death

Ingredients constituting Culpable Homicide-

• Causing Death

• Death must have been caused due to the act

• Act must be done with-

1. Intention to cause death

2. Commencement of act to cause death

3. Knowledge of the act as to cause death

INTENTION becomes the key difference between the acts of Culpable Homicide and Murder. For the Act of killing someone to be classified as a murder, the act here should be unlawful and should consist of a malicious afterthought.

CONCLUSION

The main difference between culpable homicide and murder is that murder occurs when one person or a group of persons successfully kill a person with an intention or premediated aim of ending the latter’s life, while culpable homicide refers to such an act which led to the death of a person but does not amount to murder.

The above information is to impart awareness and no part of this should be construed as providing legal advice for any purpose.

ABHINAV KUMAR

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