"Exploring the Legal Difference between Murder and Culpable Homicide"

Meaning of Murder:

In the Indian Penal Code (IPC), murder is defined as the intentional killing of a person by another person. Section 300 of IPC defines the offence of murder as the culpable homicide of a person when the act is committed with any of the following intentions:

1. Intention to cause the death of the person
2. Intention to cause such bodily injury to the person as is likely to cause death
3. The knowledge that the act is so imminently dangerous that it will cause death or such bodily injury as is likely to cause death

Therefore, murder involves intentionally killing another person to cause death or with the knowledge that the act is likely to cause death or serious bodily injury. It is a serious criminal offense and carries severe legal consequences.

Case: K.M. Nanavati v. State of Maharashtra

• Section 299 deals with culpable homicide. One of the landmark judgments related to this section is the case of K.M. Nanavati v. State of Maharashtra.
• In this case, the accused, Nanavati, was a naval officer who shot and killed his wife's lover. He claimed it was an act of self-defense, but the court found him guilty of culpable homicide. The case gained widespread attention and was eventually appealed to the Supreme Court.
• The Supreme Court overturned the previous verdict and acquitted Nanavati. The case brought up issues of jury trial and media sensationalism, ultimately leading to legal system changes. The Nanavati case is still considered a landmark judgment in Indian legal history.

Meaning of Culpable Homicide:

Section 299 of the IPC talks about Culpable homicide. It refers to the act of causing the death of a person, either to cause death or to cause such bodily injury as is likely to cause death or with the knowledge that the act is expected to cause death.

According to the IPC, culpable homicide can be divided into two categories: 

• Culpable homicide amounts to murder, and
• Culpable homicide not amounting to murder. 

Culpable homicide not amounting to murder is a lesser offense than murder. The term "culpable" refers to the act being committed with guilt or fault on the part of the accused. Therefore, in the case of culpable homicide, the accused is guilty of causing the death of another person either intentionally or with the knowledge that the act is likely to cause death. The same legal consequences and punishment for culpable homicide depend on the specific circumstances of the case and the degree of culpability involved.

Case: Kehar Singh Vs. State (Delhi Vidyut Board):

• Section 300 of the Indian Penal Code deals with the offense of murder. One of the landmark judgments related to this section is the case of Kehar Singh v. State (Delhi Vidyut Board).
• In this case, the accused, Kehar Singh, was charged with conspiracy to murder the then-Prime Minister of India, Indira Gandhi. Kehar Singh was found guilty and sentenced to death by the trial court. The case was eventually appealed to the S.C.
• The Supreme Court upheld the verdict and observed that Section 300 of the IPC distinguishes murder from culpable homicide. The court explained that murder must involve an intention to cause death or knowledge that the action is likely to cause death, while culpable homicide does not require such a high degree of intention.
• The Kehar Singh case is still considered a landmark judgment in Indian legal history, as it clarified the definition of murder and set a precedent for future cases involving similar charges.

The similarity between Sections 299 and 300:

• Sections 299 and 300 are related to the offense of culpable homicide. The similarity between the two sections is that they deal with causing death but differ in the degree of intention or knowledge involved.
• Section 299 defines culpable homicide as the act of causing the death of a person to cause death or cause such bodily injury as is likely to cause death or with the knowledge that the act is expected to cause death.
• Section 300 deals with the offense of murder, which is a more severe form of culpable homicide. It defines murder as the act of causing the death of a person to cause death or causing such bodily injury as is likely to cause death, or with the knowledge that the act is expected to cause death, and where the act is done with a specific motive, such as gaining property or with enmity towards the victim.
• Therefore, while both sections deal with causing death, Section 300 is a more specific and severe form of culpable homicide, where the accused has a higher degree of intention or knowledge involved in the act.

Difference between sections 299 and 300:

• Section 299 and Section 300 of the IPC deal with the offenses of culpable homicide and murder, respectively. The main difference between these two sections lies in the intention or knowledge of the accused person behind the act of causing death.
• Section 299 defines culpable homicide as causing the death of a person to cause death, or to cause such bodily injury as is likely to cause death, or with the knowledge that the act is expected to cause death.
• On the other hand, Section 300 defines murder as an act of causing death to cause death or to cause such bodily injury as is likely to cause death or with the knowledge that the act is expected to cause death and where the act is done with a specific motive, such as gaining property or with enmity towards the victim.
• Therefore, the main difference between Section 299 and Section 300 is the intention or knowledge of the accused person. While both sections deal with causing death, Section 300 requires a higher degree of intention or knowledge and a specific motive for the act to be classified as murder, which is a more severe offense than culpable homicide.

When is murder considered a culpable homicide?

• As per Section 299, culpable homicide is considered murder if the act causing death is done to cause death or to cause such bodily injury that the person is likely to die or with the knowledge that the act is expected to cause death. In simpler terms, if the act of causing death was intentional or with the knowledge that it could cause death, then it is considered murder under the IPC.

Vakilkaro is a Best Legal Services Providers Company, which provides Civil, Criminal & Corporate Laws Services and Registration Services like Private Limited Company Registration, LLP Registration, Nidhi Company Registration, Microfinance Company Registration, Section 8 Company Registration, NBFC Registration, Trademark Registration, 80G & 12A Registration, Niti Aayog Registration, FSSAI Registration, and other related Legal Services.

Contact India's best Legal Firm, Vakilkaro, today. You can give us a call at +919828123489 or may write an Email also at help@vakilkaro.co.in. We are here to serve you 24/7.

"Happy Customer serves the company success"- we aim to achieve this through our legal services."

Why should you trust Vakilkaro?

• 100% guaranteed satisfaction
• Largest Network across India
• Easy to Hire
• Provides legal service in easy language.