Distinction between Murder and Culpable Homicide- EXPLAINED
For a layman, anything that involves the killing of any other being may amount to murder, however, the legal system and anyone who knows the law well understands that the term "murder" may not fit appropriately in every case that involves killing. A less commonly used term "culpable homicide" also denotes an act where the killing of someone is involved. However, very few are actually able to understand the clear difference between murder and culpable homicide. There is a very thin line of distinction between murder and culpable homicide. Here is everything you need to know about the difference between the two acts; murder and culpable homicide.
Before understanding murder, it is important to understand culpable homicide.
Culpable Homicide
The term "culpable" originates from the Latin term "Culpe". The Latin term "Culpe" means punishment. The term homicide has its origin in the Latin term "Homo + cida" which literally signifies "human being+ killing."
Section 299 of the Indian Penal Code, 1860, talks about culpable homicide. Section 299 of the Indian Penal Code, 1860, literally says,
"Whoever causes death by doing an act with the intention of causing death or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely to cause death by such act, commits the offense of culpable homicide."
The essential elements of Section 299 of IPC are:
- Causing death
- Doing the act
- Intention of causing death
- knowledge of the act
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Now let's move on to understanding the more common term among the two, that is "Murder".
Murder
The term murder originates from the Germanic term "morth", which actually means a covert killing. Murder may be defined as the killing of a person by another person or a group of persons, who hold the deliberate intent to take the life of the person. In murder, "mens rea", or a guilty mind, is an important element. Murder can be best understood as an aggregated type of culpable homicide.
The essential elements of Murder are:
- Causing death
- Doing an act
- Knowledge of an act.
Murder is talked about in Sections 300 and 302 in the Indian Penal Code.
Difference between Murder and Culpable Homicide
| Basis of distinction | Murder | Culpable Homicide |
| IPC Sections | Section 300 and Section 302 | Section 299 and Section 304 |
| Meaning | Anyone who does a particular act that leads to the death of another with sufficient intent to cause the death of that person. | Anyone who causes the death of any other through an act that is likely to lead to the death of the other person. |
| Essential Elements of the Section | The essential elements that constitute "murder" are:
|
The essential elements that constitute "murder" are:
|
| Objective of the act | The purpose is to cause death | The purpose is likely to cause death |
| Types of act | Murder can be of many types, these include, First/ Second/Third-degree murder and Voluntary/ Involuntary manslaughter | Culpable Homicide can be both lawful or unlawful |
| Knowledge of the act | Mandatory | Knowledge that the act is likely to lead to death. |
| Degree of the intention of the act | Sufficient | Less |
| Punishment | Life imprisonment or death imprisonment | Imprisonment for 10 years with/ without fine, or life imprisonment. |
Difference between Murder and Culpable Homicide
In the eyes of the law, all killings are punishable, but it is important to note that not all homicides come under the ambit of "murder". The distinction between murder and culpable homicide can be best expressed through the popular explanation that says, "Every murder is a culpable homicide but every culpable homicide is not necessarily a murder.
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