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Difference between Culpable homicide Sec. 299 and Murder Sec. 300

Difference Between Culpable homicide and Murder

Monday, 26 March 2018

/ by OurLegalWorld


                                  
      

           Difference between Culpable homicide and Murder


Murder (defined under Section 300) and culpable homicide (defined under Section 299) are two offenses under the Indian Penal Code.

 }  Culpable homicide(299):- 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 offence of culpable homicide.
The section has following essentials:
}  1. causing of death of a human being.
}  2. such death must have been caused by doing an act
  1. MURDER- DEFINITION & MEANING OF MURDER- SECTION- 300-
 Except in the case hereinafter expected, Culpable Homicide is Murder, if the act by which the death is caused is done with the intention of causing the death of the person, or-
Secondly- If it is done with the intention of causing such type of bodily injury as the offender knows to be likely to cause the death of the person to whom the harm of such injury 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 the 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.




  
  Culpable homicide ( Section 299)
     Murder  (Section 300)
A Person commits culpable homicide if the act by which the death is caused is done-

Subject to certain exceptions, culpable homicide is murder if the act by which the death is caused is done-
                                         INTENTION
(a) With the intention of causing death ; or
(1) With the intention of causing death; or
(b) With intention of  causing such bodily injury as is like to cause death; or
(2) 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

(3) 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

                                                       KNOWLEDGE
(C) With the  Knowledge that the act is likely to cause death.
(4) With the knowledge that the act is so imminently dangerous that it must in all probability cause death or such bodily injury as is  likely to cause death, and without any excuse or incurring the risk of causing death or such injury as is mentioned above.

  




  


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