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May 11, 2024

What is Culpable homicide and murder? IPC

Culpable homicide and murder are both criminal offenses related to causing someone’s death, but they differ in terms of intention and planning. Here’s a breakdown:

Culpable Homicide (Section 299, Indian Penal Code):

Definition: Causing death unintentionally, though done with the knowledge or negligence that it is likely to cause death.
Key Points:
No premeditation or specific intent to kill.
Can be caused by acts done with knowledge that they are likely to cause death (e.g., reckless driving) or in good faith for a purpose not otherwise unlawful (e.g., surgery gone wrong).
Punishment: Varies depending on the specific circumstances, ranging from imprisonment for up to 10 years or life imprisonment, with or without a fine.
Murder (Section 300, Indian Penal Code):

Definition: Intentionally causing the death of another person.
Key Points:
Requires premeditation or malice aforethought.
Can be planned or done in a sudden fit of rage.
Five exceptions exist under Section 300, which reduce the offense to culpable homicide (e.g., killing in self-defense, causing death by doing a lawful act in an unlawful manner).
Punishment: Death penalty or life imprisonment with a fine.
Here’s an analogy:

Imagine playing with a ball.

Culpable Homicide: You accidentally throw the ball too hard, and it hits someone in the head, causing death. You didn’t intend to kill them, but you knew throwing the ball hard could cause harm.
Murder: You deliberately throw the ball with the intention of hitting someone in the head and causing their death.
In essence:

Culpable homicide is unintentional killing, while murder is intentional.
Culpable homicide carries a lesser punishment compared to murder.

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