Difference between culpable homicide and murder by SHRISH DIXIT, Intern at ubAdvocate

SHRISH DIXIT
Intern At ubAdvocate- www.linkedin.com/company/ubadvocate
dixitshrishspn@gmail.com
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Difference between culpable homicide and murder

INDIAN PENAL CODE SECTION 299: CULPABLE HOMICIDE 300: MURDER
"IPC 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 offense of culpable homicide.
Section- 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—
2ndly.—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—
3rdly.—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—
4thly.—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.
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.

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 necessary for 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's having taken undue
advantage or acted in a cruel or unusual manner.
Exception 5.—Culpable homicide is not murder when the person whose death is caused, being above
the age of eighteen years, suffers death or takes the risk of death with his own consent.

302. Punishment for murder.—Whoever commits murder shall be punished with death or
[imprisonment for life], and shall also be liable to fine.

304. Punishment for culpable homicide not amounting to murder.—Whoever commits culpable
homicide not amounting to murder, shall be punished with 1
[imprisonment for life], or imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine, if the act by
which the death is caused is done with the intention of causing death, or of causing such bodily injury as
is likely to cause death;
or with imprisonment of either description for a term which may extend to ten years, or with fine, or
with both, if the act is done with the knowledge that it is likely to cause death, but without any intention
to cause death, or to cause such bodily injury as is likely to cause death.
"

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