CULPABLE HOMICIDE AND MURDER

CULPABLE HOMICIDE AND MURDER

Author:- ANUSHA SHRIVASTAVA, LAW GRADUATE 

INTRODUCTION 

When it comes to understanding the nuances of criminal law, one must be well-versed in the distinctions between different offenses. One such distinction that often confuses students and legal professionals alike is the difference between murder and culpable homicide. While these two concepts may seem similar, there is a fine line that separates them. This article aims to provide a clear explanation of the differences between murder and culpable homicide, making it a valuable resource for law postgraduates and those preparing for judiciary exams.

Culpable Homicide

Culpable homicide, as the name suggests, involves the act of causing the death of another person. The term "culpable" is derived from the Latin word "CULPE," which signifies punishment. The word "homicide" originates from the Latin words "HOMO + CIDA," which mean "human being + killing." According to Section 299 of The Indian Penal Code, 1860, culpable homicide occurs when an individual causes death by doing an act with the intention of causing death or causing such bodily injury that is likely to cause death, or with the knowledge that the act is likely to cause death.

Murder

Murder, on the other hand, is an aggregated form of culpable homicide. The word "murder" finds its origin in the Germanic word "morth," which denotes a covert killing. In simple terms, murder is the act of intentionally killing a person with the deliberate intent to take their life. For an offense to be classified as murder, it must meet the criteria specified in Sections 299 and 300 of the Indian Penal Code. It's important to note that not all homicides are considered murders. While all killings are punishable by law, murder is a specific category within the broader concept of culpable homicide.

Understanding the Differences

To better understand the differences between culpable homicide and murder, let's examine the key aspects that set them apart:

Basis of Difference

Basis of Difference	Culpable Homicide	Murder
Meaning	Someone who causes the death of another by doing an act likely to cause that person's death.	Someone who does any act resulting in the death of another with the sufficient intention to cause that person's death.
Ingredients	Causing death, doing an act, intention and knowledge must exist.	Causing death, doing an act, presence of knowledge.
Sections	299 and 304	300 and 302
Purpose	Likely to cause death	To cause death
Types	Lawful and unlawful	First-degree Murder, Second-degree Murder, third-degree Murder, Voluntary manslaughter, and Involuntary manslaughter.
Degree of Intention	Less	Sufficient
Knowledge	The knowledge that the act will likely cause death.	Compulsory
Explanation/ Exception	Explanation: Causing injury to a disabled person, causing injury when remedies could be adopted, causing the death of a child inside a mother's womb. Exception: Grave and sudden provocation, private defense, performing legal duty, sudden tussle, death with consent.	-
Punishment	Imprisonment for life or ten years with or without a fine.	Death or Life imprisonment

Example

To illustrate the differences between culpable homicide and murder, let's consider two scenarios:

• In the first scenario, an offender, let's call him X, uses a sharp weapon on Y's essential organ, fully aware that his actions will result in death. In this case, Y's death would be classified as murder.

• In the second scenario, Y kills X with a blunt instrument like a stick or stone. The use of a blunt instrument reduces the likelihood of causing mortality since injuries are more likely to occur in the stronger parts of the body. This type of death would be classified as culpable homicide.

The Fine Line

As stated earlier, every murder is considered a culpable homicide, but not every culpable homicide is a murder. The distinction lies in the gravity of the intent. Murder is regarded as the first degree of culpable homicide, as it involves a higher level of intention to cause death. Section 299 of the Indian Penal Code highlights the element of uncertainty, where the word "likely" signifies the probability of causing death. In murder cases defined by Section 300 of the IPC, there is no room for ambiguity. The accused is certain that their act will undoubtedly result in death.

The degree of intention plays a significant role in differentiating between culpable homicide and murder. When the probability of death is high, the offense is considered murder. Conversely, when the probability of death is low, the offense is classified as culpable homicide.

Knowledge vs. Intention

Understanding and interpreting the distinction between knowledge and intention is crucial in determining the nature of an offense. While these terms are often used interchangeably, they signify different things. In the case of Basdev v. Pepsi, the Supreme Court considered the difference between the two and concluded that a motive causes a person to form an intention. Knowledge, on the other hand, refers to understanding the consequences of one's actions.

Although the line between knowledge and intention may be blurred at times, it is essential to recognize their separate meanings. Both intention and knowledge play a significant role in establishing the guilt or innocence of an accused individual.

Beyond Reasonable Doubt

In criminal cases, the principle of "beyond reasonable doubt" is crucial to prevent the conviction of innocence. If the evidence raises questions and doubts in the mind of the trial judge, they must rule in favor of the party with the burden of proof. If the adjudication panel cannot decide with certainty whether the accused is guilty or not, they have a duty to acquit the accused.

Case Law: K.N. Nanavati v. The State of Maharashtra

To gain further insight into the application of culpable homicide and murder, it is essential to examine relevant case law. In the case of K.N. Nanavati v. The State of Maharashtra, the court established that the test to determine whether an accused's action falls under the purview of provocation is to assess whether a reasonable person, belonging to the same class or section of society as the accused, would also be provoked to the point of losing self-control in the same situation. The court further emphasized that the response to sudden and grave provocation should occur immediately and not wait until the person has had enough time to cool off.

The court also considered the victim's mental history and prior actions to determine if the current act provoked the offender suddenly and severely. The fatal blow should clearly trace the impact of passion resulting from the sudden and grave provocation. It is crucial that the fatal strike occurs while the passion is still present and not after the provocation has subsided.

Conclusion

In conclusion, the difference between murder and culpable homicide lies in the degree of intent and knowledge associated with the act. While murder involves a deliberate intention to cause death, culpable homicide encompasses a broader range of situations where the intention to cause death may be less pronounced. It is important to recognize that every murder is a culpable homicide, but not every culpable homicide is a murder.