"Culpable homicide" is the genus and "murder" is its species and all
"murders" are "culpable homicides", but all "culpable homicides" are not
"murders" ; Rampal Singh vs State of Uttar Pradesh.
To understand the difference, we need to get to the basics and understand what a
culpable homicide is and what a murder accounts for?
Culpable homicide is
explained in Section 299 of The Indian Penal Code whereas Murder is explained in
Section 300 of The Indian Penal Code and both come under Chapter XVI - OF
OFFENCES AFFECTING THE HUMAN BODY
Section 299 Culpable Homicide -
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 by such act to cause
death,
commits the offence of culpable homicide.
A person who causes bodily injury to another who is laboring under a
disorder, disease or bodily infirmity, and thereby accelerates the death of
that other, shall be deemed to have caused death. Where, death is caused by
bodily injury, the person who causes such bodily injury shall be deemed to
have caused the death, although by resorting to proper remedies and skillful
treatment the death might have been prevented. The causing of the death of
child in the mother's womb is not homicide. But it may amount to culpable
homicide to cause the death of a living child, if any part of that child has
been brought forth, though the child may not have breathed or been
completely born.
Section 300 - Murder
Except in the cases hereinafter expected, culpable homicide is murder, if
the act by which the death is caused is done with the intention of causing
death
or
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
if it is done with the intention of causing bodily injury to any person any
person and the bodily injury intended to be inflicted is sufficient in the
ordinary course of nature to cause death
or
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 cause death, and commits such act without any excuse for incurring
the risk of causing death or such injury aforesaid.
Exception 1 - When culpable homicide is not murder
Culpable homicide is not murder if the offender, whilst deprived of the
power of self-control by grave and sudden provocation, causes the death of
the person who gave the provocation or causes the death of any other person
by mistake or accident.
The above expression is subject to the following provisos:
1. That the provocation is not sought or voluntarily provoked by the
offender as an excuse for killing or doing harm to any person.
2. That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant.
3. That the provocation is not given by anything done in the lawful exercise
of the right of private defence.
Whether the provocation was grave and sudden enough to prevent the offence
from amounting to murder is a question of fact.
Exception 2 - Culpable homicide is not murder if the offender, in the
exercise in good faith of the right of private defence of person or
property, exceeds the power given to him by law and causes the death of the
person against whom he is exercising such right of defence without
premeditation, and without any intention of doing more harm than is
necessary for the purpose of such defence.
Exception 3 - Culpable homicide is not murder if the offender, being a
public servant or aiding a public servant acting for the advancement of
public justice, exceeds the powers given to him by law, and causes death by
doing an act which he, in good faith, believes to be lawful and necessaryfor
the due discharge of his duty as such public servant and without ill-will
towards the person whose death is caused.
Exception - 4 Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.
Exception 5 - It is immaterial in such cases which party offers the
provocation or commits the first assault.
| Culpable Homicide | Murder |
| Every Culpable homicide is not murder | Every murder is culpable homicide |
| Degree of probability of death is high | Degree of probability of death is not high |
| There is knowledge that the act will sufficiently cause death | There is knowledge that the act is likely to cause death |
Vaishak O