Culpable homicide And Murder | Types Of Murder | Killing A Person | The National TV
- by Shashank-Pant
- May 06, 2020 13:50
Culpable homicide means the killing of a person
It means taking the life of another human being every murder is a culpable homicide but not every culpable homicide is murder.
There is a very minute difference between these two terms. It is just about the gravity of the crime.
The ingredients for culpable homicide are:
1. Causing the death of human being
2. Death must be caused by such an act
3. Such an act must be done
4. The intention of causing death
5. The intention of causing a bodily injury which is likely to cause death
6. Knowledge of the act that it would cause death
Murder is an aggravated form of culpable homicide if it is murder then it should fall under these categories:
1. The act by which death is caused with the intention of causing death
2. If It is done with the intention of causing such bodily injury as the offender knows to be likely to cause death
3. If it is done with the intention of causing bodily injury to any person and such bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death
4. If the offender committed the act known that it is so imminently dangerous that it must in all probability cause death or such bodily injury which is likely to cause death
There are the certain exception to murder if a person falls under this category it would be culpable homicide not amounting to murder:
Grave and sudden provocation
If the act is committed with grave and sudden provocation such act will not fall under murder but such provocation shall not be instituted at the instance of the accused
Such provocation can be through words or gestures.
The person claiming this exception has done such an act in self-defense.
And it must be with bonafide intention. It Must be proportion to the attack of the deceased.
Act of public servant
The person claiming this exception must be a public servant and he has done the act in the discharge of his duty and such power must be given him by law he must have done such an act in good faith and shall not be malafide.
The fight between the offender and the deceased must not be pre-planned it must break out suddenly in the heat of passion.
A person whose death is caused is above 18 years of age must not be a minor.
Death has been caused by his own consent and must be voluntary.
Types of murder
1. degree murder - the highest level of planning is involved
2. degree murder - intention to harm a person but no intention to kill
3. degree - death is caused as a result of indifference or by any negligent behavior of the offender
4. degree - used to charge a person who has helped the offender to cause a homicide
5. Felony murder - non-participant victim dies during the commission of an offense
6. justifiable homicide - murder is done in self-defense
In culpable homicide, there is men's rea, malicious intention but the person committing the act is not certain of death but hopes for it
Whereas, in murder, there is men's rea, malicious intention but the person committing the act is certain of death and knows that death will occur.
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