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DIFFERENCE BETWEEN CULPABLE HOMICIDE AND MURDER

RELATION BETWEEN THE


TWO
All Murders are culpableHomicides but
all culpable homicides are NOT murder.
DEFINITION

Culpable Homicide under section


299-

Whoever causes death by doing an


act with the intention of causing
death, or with the intention of
causing such bodily injury as is likely
to cause death, or with the
knowledge that he is likely by such
act to cause death, commits the
INGREDIENTS

1. Intention of causing death


2. Intention of causing such bodily
injury as is likely to cause death
3. Knowledge that the act done is
likely to cause death.
DEFINATION
Section 300

Culpable homicide is Murder- if the act by which the death is


caused is done with the intention of causing death, or-
2ndly.-If it is done with the intention of causing such bodily injury
as the offender knows to be likely to cause the death of the
person to whom the harm is caused. or-
3rdly.-If it is done with the intention 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, or-
4thly.-If the person committing the act knows that it is so
imminently dangerous that it must, in all probability, cause death,
or such bodily injury as is likely to cause death, and commits
such act without any excuse for incurring the risk of causing
death or such injury as aforesaid."

INGREDIENTS

1. Intention of causing death


2. Intention of causing such bodily injury which is likely to
cause death of the person, and this is known to the
offender
3. Intention to cause such bodily injury as is sufficient in
ordinary course of nature to cause death of a person
4. Knowledge that the act done is sufficiently dangerous
that in all probabilities it must cause death, or cause such
bodily injury which is likely to cause death, and the act is
done without any excuse to cause death or such bodily
injury.
ILLUSTRATIONS

A. A WANTS TO KILL B.A BUYS A


SMALL KNIFE AND STABS B-IT IS
CULPABLE HOMICIDE

B. A WANTS TO KILL B.A BUYS A


LONG,SHARP RAMPURI KNIFE AND
STABS B-IT IS MURDER.
ILLUSTRATIONS
CONTINUED
A. A MIXES FIVE GRAMS OF RAT
POISON IN THE FOOD OF B AND
ADMINISTERS IT ACCORDINGLY-IT IS
CULPABLE HOMICIDE

B. A MIXES TWENTY FIVE GRAMS OF


RAT POISON IN THE FOOD OF B AND
ADMINISTERS IT ACCORDINGLY IT
IS MURDER
ILLUSTRATIONS
CONTINUED
A. A WANTS TO KILL B AND THEREFORE
PUSHES HIM DOWN FROM THE SECOND
FLOOR OF A BUILDING - IT IS CULPABLE
HOMICIDE

B. A WANTS TO KILL B AND THEREFORE


PUSHES HIM DOWN FROM THE TWENTY
FIFTH FLOOR OF A BUILDING IT IS
MURDER
ILLUSTRATIONS
CONTINUED
A. A WANTS TO KILL B.A LOCKS ALL THE
EXIT POINTS OF A ROOM AND LEAVES
THE PERSON B ALONE IN IT FOR FIFTEEN
DAYS-IT IS CULPABLE HOMICIDE

B. A WANTS TO KILL B.A LOCKS ALL THE


EXIT POINTS OF A ROOM AND LEAVES
THE PERSON B ALONE IN IT FOR ONE
HUNDERD AND TWENTY DAYS-IT IS
MURDER
ILLUSTRATIONS
CONTINUED
A. A LOADS GUN AND THREATENS TO
FIRE AT HIS ENEMY B WHO WAS
NOT TO BE SEEN ANYWHERE.A GOT
THE INFORMATION THAT B IS
HIDING IN THE BUSHES.A SHOOTS
AND KILLS-IT IS CULPABLE
HOMICIDE
B. A LOADS GUN AND THREATENS TO
FIRE AT B . B HIMSELF CAME OUT
INFRONT OF A . A SHOOTS AND
SIMILARITIES

In
both the cases, there isIntention
to cause death .In both the cases
there iskilling of a human being.
DIFFERENCES

First
difference is,Murder is a SPECIAL
KIND OF Culpable Homicide. So, Culpable
Homicide is the genus and Murder is the
specie.

All Murders are Culpable Homicide but


not all Culpable Homicides are
murders.They are referred to as Culpable
Homicide Not Amounting to Murder.Also
called 'Manslaughter' in some nation
DIFFERENCES
CONTINUED..
The
difference lies in the degree of
CERTAINTY of death.

In
Murder, the degree of certainty of death is
greater compared to Culpable Homicide
The words such as likelihood and probability

denotes culpable homicide whereas words like


most likelihood and most probable denotes
murder .
DIFFERENCES
CONTINUED..
The punishment for Culpable
Homicide is life imprisonment and
for Murder, it is death sentence.

Itis so because murder is more


heinous crime than culpable
homicide.
CASE LAWS

1) REG V/S GOVINDA (1896) 1 BOM


342

) IN THIS CASE JUSTICE MELVILLE HAS


GIVEN DISTINCTION BETWEEN THE
SECTION OF CULPABLE HOMICIDE
AND MURDER I.E DEGREE OF
PROBABILITY AND HAS LAID DOWN
POINTS TO DECIDE THAT DEGREE
OF PROBABILITY :
DEGREE OF PROBABILITY
HOW
1) NATURE OF THE INJURY
2) NATURE OF THE WEAPON USED
3) PART OF THE BODY WHERE INJURY
HAS BEEN CAUSED
CASE LAWS
CONTINUED
2) STATE OF A.P V/S R.PUNAYYA (1977)
CrLJ

IN THIS CASE,POINTS FOR HOW TO


DECIDE QUANTUM OF PUNISHMENT
WAS LAID DOWN :
1) IF THERE IS A COLD BLOODED
MURDER WITH A GRIEVOUS
WEAPON , IT IS CULPABLE
HOMICIDE OF THE FIRST DEGREE
QUANTUM OF PUNISHMENT
HOW

2)ANY OTHER KILLING WHICH COMES


UNDER THE EXCEPTION OF SEC 300
(WHEN CULPABLE HOMICIDE DOES NOT
AMOUNT TO MURDER),IS CULPABLE
HOMICIDE OF THE SECOND DEGREE

3)ANY ORDINARY KILLING WITH


KNOWLEDGE AND INTENTION IS
CULPABLE HOMICIDE OF THE THIRD
DEGREE
CASE LAWS CONTINUED

3)SREEDHARAN SATHEESHAN V/S STATE OF


KERELA (1955) CrLJ 1782 (KER)

FACTS-THE ACCUSED HAD A MONEY DISPUTE


WITH THE DECEASED.THE ACCUSED DROVE
HIS MINI VAN IN SUCH A WAY THAT IT
DASHED THE DECEASED AND ULTIMATELY
KILLED HIM.
HELD-IT WAS A COLD BLOODED MURDER
AND THEREFORE IT IS CULPABLE HOMICIDE
OF THE FIRST DEGREE
CASE LAWS
CONTINUED
4) THANGAIYA V/S STATE OF TAMILNADU AIR (2005) SC
1142

QUESTION ARISED WHETHER A SINGLE BLOW CAN


KILL A PERSON AND CAN THE OFFENDER BE HELD
LIABLE FOR THE MURDER ARISING OUT OF THAT
SINGLE BLOW.
HELD-THE SESSION COURT AND THE HIGH COURT OF
TAMILNADU DECLARED THE DECREE OF CULPABLE
HOMICIDE OF THE FIRST DEGREE BUT THE SUPREME
COURT ALTERED THE DECREE TO CULPABLE HOMICIDE
OF THE SECOND DEGREE BY STATING THAT THE ACT
COMMITED WAS NOT OF HEINOUS NATURE.
CASE LAWS
CONTINUED
5) NAIMUDDIN V/S STATE OF W.B (2010) CrLJ 392 SC

FACTS- THE ACCUSED HAD A HABIT OF THROWING STONES


WAYWARLDLY. ONE OF THE THROWN STONES HIT A SEVENTY
EIGHT YEAR OLD MAN WHICH RESULTED IN THE DAMAGE OF HIS
VITAL ORGANS AND CAUSED HIS DEATH.
QUESTION ARISED: WHETHER A SINGLE BLOW CAN KILL A
PERSON AND CAN THE OFFENDER BE HELD LIABLE FOR THE
MURDER ARISING OUT OF THAT SINGLE BLOW.
HELD-THE SESSION COURT AND THE HIGH COURT OF WEST
BENGAL DECLARED THE DECREE OF CULPABLE HOMICIDE OF THE
FIRST DEGREE BUT THE SUPREME COURT ALTERED THE DECREE
TO CULPABLE HOMICIDE OF THE SECOND DEGREE BY STATING
THAT THE ACT COMMITED WAS NOT OF HEINOUS NATURE AND
LESS PROBABILITY OF CAUSING DEATH WAS THERE.
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