Introduction:
In
Indian Penal Code, 1860, Culpable Homicide and murder are two different and
most confusing terms. There is a very thin line difference between the terms. Culpable Homicide
is genus and murder is its specie. All murder is Culpable Homicide but culpable
homicide is not necessarily murder. Section 299 of IPC and Section 300 of IPC
defines Culpable Homicide not amounting to murder and murder respectively.
These two sections are also called the weakest
section of the Indian Penal Code, 1860 because there is a very thin difference between the two terms. The word Culpable
Homicide is a latin word which consist of two words Culpable and Homicide where
Culpable means Punishable and homicide means killing of a human being by a
human being. The main difference between Culpable Homicide and murder lies in
the gravity with which the offence has been perpetrated.
Culpable Homicide and
murder- both the offence can
be enforced when a human being was killed by another human being only. The
discretion to measure the gravity of the offence depends on case to case and on
the basis of circumstances the court have discretion to decide that this
particular case falls in section 299 i.e. Culpable Homicide or Section 300 i.e.
Murder.
Similarities between the two :
As
the author stated above that there is very thin difference between the term
Culpable Homicide and Murder. Hence there must be similarities between the two.
Some of the similarities are –
●
Both Culpable Homicide
and Murder can be applied on death of the victim.
●
All Murder are Culpable
Homicide.
●
Both Culpable Homicide
and Murder are punishable under Indian Penal Code.
●
Both Culpable Homicide
and Murder have same ingredients like intention and knowledge.
●
In both these offences
death of the victim is caused by the offender.
Main differences :
Culpable Homicide and
murder are two different offences of Indian Penal Code, 1860. and there is
a very minute difference between these terms. There are
certain instrument to categorize the concepts of murder and culpable homicide.
The dissimilarity is hidden with the terms of seriousness of the intention. The First and real attempt to distinguish between the two
was made in the case of Reg v. Govinda[1] In this case
the accused kicked his minor wife and gave her a few
blows on the body as a resultant to which she
fell down on the ground. Then he put one knee on her chest and gave some more
blows and due to extravasations of blood she died. Court after a long study of
the case reached to a conclusion that
whenever is death caused with intention of causing death, the liability
is always of Murder. Other main differences between the Culpable Homicide and
murder are :
- Culpable homicide is genus and the murder is the species.
- The term Culpable Homicide is wider than the term murder. All murders are culpable homicide but all culpable homicides can’t be considered as murder.
- In murder, the offender has a definite knowledge that the act would result in the death while as in culpable homicide the knowledge is not so definite.
- The probability of intention and knowledge to cause death is higher in murder than culpable homicide.
- Definition of Murder is given under Section 300 of Indian Penal Code, 1860 while definition of Culpable Homicide is given under Section 299.
- Punishment for Murder is given under Section 302 while Punishment for Culpable Homicide is given under Section 304 of Indian Penal Code, 1860.
- Murder is a provoked form of culpable homicide.
Critical analysis
There
is an illustration for better understanding of culpable Homicide is :
- Ram is diagnosed with fatal poor health and requires certain drugs to survive. Shyam wrongfully restricts him in a room and denies him his medicine. As a result of which, Ram dies. Shyam is guilty of culpable homicide.
There
is an illustration for better understanding of Murder is :
- Ram, by instigation, voluntarily causes, Raj, a person under eighteen years of age to commit suicide. Here, on account of Raj, youth, was unable of giving consent to his own death; Ram has therefore abetted murder.
There are some cases to discuss culpable homicide and murder are :
In
Laxman Kalu v. State[2]
The
accused went to his father in law’s home to bring back his wife and they were
scheduled to return by the next morning. In the evening the accused quarreled
with his wife’s brother and stabbed him with a knife resulting in his death. Medical Report said that even
though the injury was serious, it had not penetrated the lung and the death had
resulted mainly because the axillary artery
and veins were snapped which caused shock and haemorrhage. The Supreme Court
held that it was by chance that the artery was cut, and so the accused did not
have any intention but he can presumed to know the consequence of his act, and
was thus guilty under section 304 Part II.[3]
In
Namdeo v. State of Maharashtra[4] the accused attacked the deceased in his head
with an axe. The Medical report said that the injury was sufficient in an ordinary course of nature to
cause death. The Supreme court applied clause (1) of Section 300 observing that
the intention to cause death was clear.
So
from the above discussion we can also conclude that Culpable Homicide and
murder are similar to each other but are not same. It is always very
challenging for the courts to decide whether the case falls under Section 299
of Indian Penal Code or Section 300 Indian Penal Code. There are many
interpretations of the statues as we discussed above in various cases various
reasoning has been given for these two terms. As we also can see due to these multi-interpretations many culprits escape from punishment or
get less punishment than what they deserve. We
should follow strict interpretation and it should also with proper care because
it is the idea of Blackstone’s ratio
“It
is better that ten guilty persons escape than that one innocent suffer”
Culpable
Homicide and Murder are depends mainly upon the probability of causing death
due the act of the offender. If it is proved that the intention and knowledge of the offender
is to cause death and the probability of causing death by the act of offender
is so high then the offender will be liable under section 302 of Indian Penal
Code otherwise under section 304 of Indian Penal Code.
Conclusion :
There is a thin line
difference between culpable homicide and murder. Culpable Homicide is more
wider term than murder. Murder includes culpable homicide but culpable homicide
does not include murder in all cases. Intention and knowledge are very important
ingredients to decide that in which offence
the act of offender will fall, whether it is culpable homicide or murder. If
the probability of death in the intention and knowledge of the offender is
higher then it will be fall under section 300 Indian Penal Code and will be
punished under section 302 of Indian Penal Code otherwise it will fall under
section 299 Indian Penal Code and will be punished under section 304 of Indian
Penal Code and as we can understand till now that there are many
interpretations in different precedents to decide the degree or probability of
causing death, it totally depends upon the view of the court, in which section
or offence they will put the matter. Obviously they are Rules & laws and Judges have to consider these criteria but even
then different points of view can affect the
judgments.
Reference :
- Prof. T. Bhattacharyya : The Indian Penal Code (Reprint 2018, Ninth Edition, Central Law Agency)
- https://www.shareyouressays.com/knowledge/legal-provisions-regarding-murder-under-section 300-of-indian-penal-code-1860/119092
- https://acadpubl.eu/hub/2018-120-5/1/82.pdf
- https://www.lawnn.com/murder-section-300-indian-penal-code/
- https://indiankanoon.org/doc/626019/
- https://www.latestlaws.com/articles/difference-between-murder-and-culpable-homicide-explained-by-roopali-lamba/
- www.indiankanoon.com
[1] (1876) 4 SCC382.
[2] AIR 1968 SC 1390
[3] T.Bhattacharyya
[4] 2007 Cr LJ1819(SC)
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