In this article you will learn about the Difference Between Culpable Homicide and Murder in IPC.
Culpable Homicide
Section 299 of the Indian Penal Code(IPC) defines the term ‘Culpable Homicide’. According to this provision, culpable homicide is committed when the act by which death is caused is done with the intention of causing death, or with the intention of causing bodily injury that the offender knows is likely to cause death, or with the knowledge that the act is likely to cause death. All culpable homicides are not considered as murder.
Section 304 of the Indian Penal Code(IPC) defines the punishment for culpable homicide not amounting to murder. It states that anyone who commits culpable homicide not amounting to murder, shall be punished with imprisonment for life or ten years and shall also be liable to fine.
Whoever causes the death of another by doing an act which is likely to cause that person’s death is said to have committed culpable homicide. There are no expectations of culpable homicide.
Explanation
- Causing injury to a disabled person and thereby accelerates to death.
- Causing injury when remedies could be adopted.
- Causing the death of a child in the mother's womb is not homicide.
Illustration
X with the intention of causing death, or with the knowledge that death is likely to be thereby caused, lays sticks and turf over a pit. Y, believing the ground to be firm, treads on it, falls in and is killed. X has committed the offence of culpable homicide.
Murder
Section 300 of the Indian Penal Code(IPC) defines the term ‘Murder’. Murder is committed when the act by which the death is caused is done with the intention of causing death. Whoever commits murder is punished with death or imprisonment for life or can also be liable to fine.
Illustration
X with the intention of killing Y shoots him. Y dies in consequence. Here, X commits murder.
Points of Differences
| DIFFERENCE | CULPABLE HOMICIDE | MURDER |
|---|---|---|
| Section | Section 299 | Section 300 |
| Meaning | Whoever causes the death of another by doing an act which is likely to cause that person’s death is said to have committed culpable homicide. | The act by which the death is caused is done with the intention of causing death. |
| Main difference | All culpable homicides are not murder. | All murders are culpable homicide. |
| Gravity of death | Less | Sufficient |
| Punishment | Imprisonment for life or ten years or can be fined. | Death or life imprisonment or can be fined. |
| Exceptions | No exceptions | Grave and sudden provocation, sudden fight, death with consent, etc. |
This article on Difference Between Culpable Homicide and Murder in IPC is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.