Every MURDER is CULPABLE HOMICIDE but every CULPABLE HOMICIDE is NOT MURDER

-
Culpable Homicide and Murder sec 299-304(IPC)

Cases of homicide ( killing of human being , by another human being) punishable  under the IPC are, culpable homicide not amounting to murder (sec 299 of IPC), murder ( sec 300 of the IPC), rash or negligent homicide (sec 304A of the IPC), and suicide (sec 305-306 of the IPC).

 Culpable Homicide under sec 299 of the IPC is the causing of death by doing of,
An act with the intention of causing death,
An act with the intention of causing such bodily injury as is likely to cause death
and,
An act with the knowledge that it was likely to cause death.
In the absence of any of the above, an act resulting in the death of a Pearson would not constitute culpable homicide. The provision further provides three explanations wherein the presence or absence of factors in causing death nevertheless constitutes culpable homicide.
Illustration: A lays sticks and turf over a pit with intention of thereby causing death or with the knowledge that death is likely to be there by caused, Z be living the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.
To invoke this provision death must be said to have been caused. It is immaterial if the person whom the accused intended to kill was not killed and that some other person was killed. The offence is completed as soon as a person was killed. The death must be a proximate and not remote consequence of an act of violence.
Sec 300 of the IPC classifies a culpable homicide as 'murder', where:
Firstly if the act by which the death is caused is done with the intention of causing death,
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 who the harm is caused by death,
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.

Therefore, every murder is a culpable homicide but every culpable homicide is not murder.
Explanation:
A lays sticks and turf over a pit with intention of thereby causing death or with the knowledge that death is likely to be there by caused, Z  believing the ground to be firm, treads on it, falls in and is killed. Now, this is culpable homicide not amounting to murder.
WHY:
Intention - Yes.
Death - Yes.
The degree to the certainty of death - Not so much. (There is always the chance that you may notice the pit. Or even after falling, you may not die.)
Now, A took his gun and went to B’s house. B opened the door and A shoot  5 bullets right into the B’s head. B was killed on the spot. Now, this is Culpable Homicide amount to Murder.
WHY:
Intention - Yes.
Death - Yes.
The degree to the certainty of death -  Most certain.





  

Comments

Post a Comment

Popular posts from this blog

Modernization of Fundamental Duties and Indian Constitution.

-
The framers of the Indian constitution were the quest for sighted to preserve the rich heritage of the country by promoting harmony, secularism and its inherent value of fundamental rights to fulfil the needs of people.          Though the importance of fundamental duties were always given less than others rights and duties embodied in the constitution. however with the lapse  of time, values of people changes for which an emergent need of the society and in this context fundamental duties becomes the light of hope.           It was found that the Swaran Singh committee as appointed to revive constitution recommended that certain fundamental duties should include in the constitution to upgrade the values of people. Originally fundamental duties are supplemented in school education to be taught morally which had no importance in practical life, hence it was necessary to include in the constitution as reported by the Verma C...
Read more

Indian Election commission and its Mechanism

-
INTRODUCTION The Election Commission is established as an autonomous body in order to ensure free, fair and impartial elections which are even insulated from political pressures and executive influence. Under Article 324(1) of Indian Constitution, the Commission is set up as a permanent body. The Commission has got the jurisdiction throughout India over elections to Parliament, State legislature, Offices of President and Vice President. The Election Commission is made as an all India body rather than separate bodies to supervise and conduct elections in each state is that some states in India consist of the mixed population which in itself includes both the native people and well as other people who may be culturally, racially, linguistically different from that of native people. With a view to preventing any kind of injustice being done to any section of people, it was made as a single central body which would be free from local influences and pressures and have control o...
Read more

Right to vote in India is a Special Right not Fundamental right

-
A thriving and vibrant electoral democracy has been India’s distinct and durable identity, long before it asserted itself as an economic, nuclear or IT major.   Founded by a great Constitution,  it has been nurtured by parliament, judiciary, political parties, media and above all by the people of India, with some distinct contribution from the Election Commission of India. Despite doubts and fears from many quarters, founders of modern India adopted universal adult suffrage thus reposing faith in the wisdom of the common Indian to elect his/her representative to the seat of power. Choice of electoral democracy was variously termed: a giant leap forward, a bold enterprise, an unparalleled adventure. When the independence came directly to the hands of ordinary people in the form of a vote,  it was a period when 84% of Indians were illiterate, an equal number in poverty living in an unequal society fractured by a caste-based hierarchical system. India has proved Nob...
Read more