Asked January 29, 2017

co relation between culpable homicide and murder

  • 1 Answer

Is it important to prove culpable homicide to prove murder?

Answer 1

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Section 299 states culpable homicide and section 300 defines murder. It is said that culpable homicide is the genus and murder is species. Which means every murder is culpable homicide but not vice versa. Only the grave and harsh form of culpable homicide qualifies to be murder. Section 300 further states it:

Section 300 in The Indian Penal Code

300. 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 aforesaid. 

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