ANALYZING DIFFERENCE BETWEEN MURDER AND CULPABLE HOMICIDE.

INTRODUCTION:

How may a term with a similar appearance confuse you? Murder and culpable homicide appear to be similar; both appear to be the same, and the outcome of both deeds appears to be almost identical. Right? However, they are not synonymous. You will understand the distinction between culpable homicide and murder by the end of this article. "Every murder is culpable homicide, but every culpable homicide is not murder." To begin, Section 299 of the Indian Penal Code defines culpable homicide, whereas Section 300 addresses the concept of murder. Both of these terms refer to causing injury to another person, although there are some distinctions between murder and culpable homicide. As a result, the issue here is that both murder and culpable homicide are concepts related to harming a person, but the difference is determined based on the outcome of a specific act.

HOMICIDE:

Homicide is derived from the Latin words homi (man) and cido (cut). Homicide is defined as "the murder of a human being by another human being." The act of causing or hastening the death of another human being is referred to as homicide. Homicide has been categorized into two categories.

1) Lawful Homicide (justifiable):

Lawful homicides are ones that are totally justified. This is an exception, as defined in IPC sections 76-107.

2) Unlawful Homicide: (unjustified):

Unlawful homicides are those who have been classified as penalized under the code

Unlawful homicides are also classified into four categories: 

1-culpable Homicide- defined in sec.299 IPC.

Culpable homicide is further classified into two types.

A] Culpable homicide amounting to murder,

B] Culpable homicide that does not amount to murder.

2-Murder-defined in sec.300IPC

3- Suicide

4- Rash and negligent act.

CULPABLE HOMICIDE:

Section 299of IPC defines culpable homicide- A person who commits culpable murder undertakes an act with the intent to cause death or with knowledge that such an act is likely to cause death.  To identify the culpable homicide, we must justify the criminal's intention + the degree of probability of causing death.

For example: A knows Z is hiding behind a shrub. B is unaware of it. A induces B to fire at the bush with the intent or knowledge that it will kill Z. B shoots and kills Z. B may be innocent in this case, but A has committed the crime of culpable homicide.

There are certain elements of culpable homicide:

1) An unlawful act of killing a person, 

2) Intention of causing death, 

3) Intention of causing harmful injury which may lead to death,

4) Knowing that the actions that could lead to death.

 Culpable homicide is further classified into two types.

A] Culpable homicide amounting to murder:

It is referred to as simple murder. For example, A poisons B and kills him. In this example, A instructs C to obtain poison and D to mix it into B's food. In this example, A serves the food to B, who dies after eating it. This is an instance of culpable homicide, which amounts to murder.

B] Culpable homicide that does not amount to murder.

 in the case of  Reg. v. Govinda (1877) ILR 1 Bom 342) had knocked down his wife, kept a knee on her breast, and delivered two to three hard blows to her face with a closed fist. This conduct caused blood extraversion in her brain, and the wife died as a result. The conduct was not done with the goal of causing death, and the bodily injury was insufficient to induce death in the normal course of nature. The accused was charged with culpable homicide but not murder.

PUNISHMENT FOR CULPABLE HOMICIDE - SECTION 304, IPC

Culpable homicide is not murder if it falls under any one of the five exceptions given under Section 300. For culpable homicide not amounting to murder, Section 304 of IPC describes the punishments as:

 Imprisonment for life or

 Imprisonment for either description of a term extending up to ten years and/or

 Fine.

MURDER:

The term "murder" derives from the Germanic word "morth," which meaning "hidden murder." Murder occurs when one individual intentionally or premeditatedly kills another. It is also considered a serious offence when compared to culpable homicide. Furthermore, a crime is not regarded a murder unless it contains a felony that qualifies as a murder. Section 300 defines culpable homicide as murder unless otherwise specified: if the act that causes the death is done with the intent to cause death, or if A fires a shot at Z with the intent to kill him. As a result, Z is killed. A murder is committed.

In order to determine whether it is murder or culpable homicide, the intent must be known.

 Elements of murder:

1] With the intent of causing death; 

2] With the intent of causing such bodily harm as is known to be likely to cause the death of the person to whom the harm is caused; 

3] With the intent of causing bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death;

4] With the awareness that the act is so imminently harmful that it must in all likelihood result in death or physical injury that is likely to result in death.

EXCEPTIONS TO SECTION 300 OF IPC WHERE CULPABLE HOMICIDE IS NOT CONSIDERED AS MURDER:

Clauses 1-4 of Section 300 give the necessary conditions for culpable homicide to be considered murder. Section 300, after defining the circumstances in which culpable homicide becomes murder, specifies some extraordinary circumstances in which murder is reduced to culpable homicide punishable under section 304, IPC, but not under section 302, IPC.

The following are the exceptions:

 Serious and unexpected provocation:

If the offender loses control of his actions as a result of a quick and severe provocation, and his actions result in the death of the person who provoked him or in the killing of another person by accident or mistake.

The requirement of sudden provocation was approved as an exception in the case of K.M. Nanavati v. State of Maharashtra, 1961 (AIR 1962 SC 605). MUTHU V. STATE OF TAMIL NADU ((2007) ILLJ 9 MAD) is another case of similar exception.

The Supreme Court ruled in this instance that frequent harassment could deprive a person of self-control, amounting to abrupt and extreme provocation.

 Private protection:

When an act of private defense is done in order to protect oneself from additional injury, it is said to have been exercised. If the accused knowingly violates his right to private defense, he is guilty of murder. In the matter of NATHAN V. STATE OF MADRAS, AIR 1973 SC 665, the landlord was attempting to remove the accused by force.  While exercising his right to private defense, the accused killed the landlord. Because the deceased had no intention of killing the accused, the accused overstepped his right to private defense. The accused was charged with culpable homicide but not murder.

 Exercising legal power

The act is carried out by a public worker acting to promote public justice. in the case of  DAKHI SINGH v. STATE, 1955,  the appellant was a constable of the Railway Protection Force who, while on duty, accidentally murdered a fireman while firing bullets to apprehend the thief. The constable was eligible to receive benefits under this section.

 Without planning, in a sudden fight and

When a fight occurs unexpectedly or on purpose, it is referred to as a sudden fight. Both parties have no intention of killing or causing the death of another. It makes no difference which party assaulted or presented a provocation first.

In the case of 

STATE OF UTTAR PRADESH v. RADHEY SHYAM AND ANR. 2018

 The appellant was angry when he learned that his calf had arrived at the deceased's residence. When the deceased attempted to stop the appellant from torturing him, the appellant fired at him. Because the deceased was unarmed at the time, the appellant had the intent to murder him, and he was found guilty of murder.

 In the instance of passive euthanasia, consent is required.

PUNISHMENT FOR MURDER - SECTION 302, IPC

Murder is a capital offense punishable by execution or life imprisonment, as well as a fine.

DIFFERENCE BETWEEN CULPABLE HOMICIDE AND MURDER:

A murder happens when one person or a group intentionally murders another with the intent of ending the latter's life, whereas culpable homicide is an act that results in a person's death but is not considered murder.

INTENTION:

Furthermore, for a killing to be classified as murder, it must be unlawful and be marked by malice forethought. However, in other legal systems, responsible homicides involve the crime of killing or causing the death of someone without purpose.

DEGREE OF PROBABILITY OF CAUSING DEATH:

To distinguish between culpable homicide and murder, we must first assess the likelihood of causing death. For example, if A is carrying a blood knife and attacks C and B is holding a sharp knife and attacks D, D is more likely to die. As a result, act A is classed as culpable homicide, while act B is labeled as murder.

CONCLUSION:

To distinguish between murder and culpable homicide, we must first determine the intent and probability of whose actions resulted in death. If the accused undertakes a specific act that results in the death of another person with no anticipated consequences, it is more likely to be classified as murder than as culpable homicide. However, if the criminal abandons the victim to make ends meet but has a reasonable chance of escaping, this is referred to as culpable crime, which isn't the same as murder.