Difference Between Culpable Homicide and Murder

INTRODUCTION: The concept of murder and culpable homicide are arguably the most complicated of provisions within the Indian Penal Code .Culpable homicide and murder closely resembling each other and at times it become difficult to distinguish between the two, as the causing of death is common to both. Further, there must necessarily be criminal intention or knowledge in both culpable homicide and murder .culpable homicide is the genus, murder is its species. However, the difference between culpable homicide and murder is real though very fine and based upon a very subtle distinction of the intention and knowledge involved in these crimes. The true difference lies in the degree , there being the greater intention or knowledge of the fatal consequences in the one case than the other .
Section 299 of the Indian Penal Code defines culpable homicide thus: “Whoever causes the death by doing an act (a) with the intention of causing death or (b) with the intention of causing such bodily injury as is likely to cause death or (c) with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.” |
Section 300 then defines murder: “Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or secondly, if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or thirdly, if it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or fourthly, if the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as