To a layman, anything that involves killing any other living being can amount to murder, however, the legal system and anyone who understands the law well understands that the term “murder” may not be appropriately appropriate in every case involving murder. A less commonly used term “culpable homicide” also denotes an act that involves murder. However, very few people can actually understand the clear difference between murder and culpable homicide. There is a very thin line between murder and culpable homicide. This is all you need to know about the difference between the two acts; murder and culpable homicide.
Before understanding murder, it is important to understand culpable homicide.
Murder is a crime
The term “culpable” comes from the Latin term “Culpe”. The Latin term “Culpe” means punishment. The term murder is derived from the Latin term “Homo + cida” which literally means “human + killing”.
Section 299 of the Indian Penal Code, 1860 talks about culpable homicide. Section 299 of the Indian Penal Code, 1860 literally means,
“Whoever causes death by committing an act that intentionally causes death or intentionally causes bodily injury to the extent that it is likely to cause death or knows that such act is likely to cause death, is guilty of guilty guilty. murder.”
The essential elements of Section 299 of the IPC are:
- Deadly
- Take action
- Intentionally causing death
- knowledge of action
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Now let’s move on to the more common term of the two, which is “Murder”.
Killing
The term murder comes from the German term “morth”, which essentially means a secret murder. Murder can be defined as the killing of a person by another person or group of people with the deliberate intention to take that person’s life. In murder, “mens rea,” or the criminal mind, is an important factor. Murder may be best understood as a type of summary culpable homicide.
The essential elements of Murder are:
- Deadly
- Perform an action
- Knowledge of an action.
The crime of murder is covered under Sections 300 and 302 of the Indian Penal Code.
Difference between murder and culpable homicide
| Basis of distinction | Killing | Murder is a crime |
| IPC section | Section 300 and Section 302 | Section 299 and Section 304 |
| Means | Anyone who commits a specific act that results in the death of another person with the express intention of causing that person’s death. | Anyone who causes the death of another person through an act likely to result in the death of another person. |
| Essential elements of the section |
The basic elements constituting the crime of “murder” are:
|
The basic elements constituting the crime of “murder” are:
|
| The goal of the action | The intention is to cause death | Purpose can be fatal |
| Types of actions | Murder can be of many types, including First/Second/Third Degree Murder and Voluntary/Involuntary Manslaughter | Murder can be legal or illegal |
| Knowledge of action | Obligatory | Know that such action could result in death. |
| The degree of intention of the action | Reasonable | Less than |
| Punishment | Life imprisonment or death penalty | Imprisonment for 10 years with/without fine or life imprisonment. |
Difference between murder and culpable homicide
In the eyes of the law, all murders are punishable, but it is important to note that not all murders fall under the category of “murder”. The difference between murder and culpable homicide can be best expressed by the popular explanation that: “Every murder is culpable homicide but every murder is not necessarily a murder.
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Source: pagasa.edu.vn