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Difference between Culpable Homicide (s.299) and Murder (s.300)

INTRODUCTION

Homicide means the killing of a man by man. The homicide may be lawful or unlawful. Culpable homicide means death through human agency punishable by law. All murders are culpable homicide but all culpable homicide is not murder. There are two classes of culpable homicide :

1. Culpable Homicide Amounting to Murder: It is known as simple murder.

2. Culpable homicide not amounting to Murder: There is necessarily a criminal or knowledge in both.
The difference does not lie in quality, it lies in the quantity or degree of criminality closed by the act. In murder there is greater intention or knowledge than in culpable homicide not amounting to murder.

The culpable homicide is defined in sec. 299 of the IPC which is as under :

Section 299 defines Culpable Homicide. Whoever causes death by doing an act with,

  1. Intention of causing death.
  2. Intentionally causing bodily injury which is likely to cause death.
  3. Doing act with knowledge that it is likely to cause death.

Section 300 defines Murder. Whoever causes death by doing an act with,

  1. Intention  of causing death.
  2. Causing such bodily injury as the offender knows it is likely to cause death of person.
  3. Intentionally causing bodily injury which is sufficient to cause death.
  4. Doing act with knowledge that it is  so imminently dangerous and in all probability causes death.

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Hind Hope Society visions a society based on the rule of law in which every individual, including the poor, marginalized and excluded, in particular women, children, peoples with disabilities, adivasis, and dalits, have access to justice and in which their human rights are respected and protected.