Sunday 14 June 2020

CRIMINAL LAW: CULPABLE HOMICIDE AND MURDER By Akshay Sharma






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

Culpable Homicide and murder are Seems to be the same in certain senses but they are differ in certain other aspect like the probability of death or seriousness of the act. It totally depends upon the act done by the offender and the probability of death depends upon case to case. For example, A single head injury has a higher probability of causing death then a large number of injuries of legs or feet. Hence it depends on case to case that which injury has high probability and which has less probability and on the basis of the same court decides whether the act of the offender falls under Culpable Homicide or Murder. There are some act which are so dangerous that it will cause death without any other result it would fall under Section 300 of Indian Penal Code i.e. Murder. If any act which leaves victim alive with certain grievous hurt only with the probability of escaping death, then it will fall under Section 299 of Indian Penal Code i.e. Culpable Homicide not amount to Murder.
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 :

  1.      Prof. T. Bhattacharyya : The Indian Penal Code (Reprint 2018, Ninth Edition, Central Law Agency)
  2.  https://www.shareyouressays.com/knowledge/legal-provisions-regarding-murder-under-section 300-of-indian-penal-code-1860/119092
  3.           https://acadpubl.eu/hub/2018-120-5/1/82.pdf
  4.           https://www.lawnn.com/murder-section-300-indian-penal-code/
  5.           https://indiankanoon.org/doc/626019/
  6.  https://www.latestlaws.com/articles/difference-between-murder-and-culpable-homicide-explained-by-roopali-lamba/
  7.           www.indiankanoon.com



[1] (1876) 4 SCC382.
[2] AIR 1968 SC 1390
[3] T.Bhattacharyya
[4] 2007 Cr LJ1819(SC)

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