Culpable Homicide

KUL-puh-buhl HOM-i-sahyd Latin: culpabilis (blameworthy) + homicidium (killing of a human being)

Definition

The act of causing death by doing an act with the intention of causing death, or with the intention of causing bodily injury likely to cause death, or with knowledge that the act is likely to cause death.

Detailed Explanation

Culpable homicide is defined under Section 299 of the Indian Penal Code, 1860. It encompasses the unlawful killing of a human being with varying degrees of mental culpability. Section 300 elevates culpable homicide to murder when specific aggravating factors are present.

Section 299 defines culpable homicide as causing death: 1. With intention of causing death; OR 2. With intention of causing such bodily injury as is likely to cause death; OR 3. With knowledge that the act is likely to cause death

Section 300 defines when culpable homicide becomes murder. The key distinction lies in the degree of intention and the probability of death. Murder requires intention to cause death or cause bodily injury that the offender knows is likely to cause death, while culpable homicide not amounting to murder involves lesser degrees of intention or mere knowledge.

Exceptions to murder (reducing it to culpable homicide): 1. Grave and sudden provocation (Exception 1) 2. Private defence exceeding right (Exception 2) 3. Public servant exceeding powers in good faith (Exception 3) 4. Sudden fight without premeditation (Exception 4) 5. Consent of victim (Exception 5)

Punishment: Murder (Section 302) - death or life imprisonment; Culpable homicide (Section 304) - life imprisonment or up to 10 years.

Essential Elements

1 Causing death of a human being
2 Act done with intention to cause death, or
3 Intention to cause bodily injury likely to cause death, or
4 Knowledge that act likely to cause death
5 Distinction from murder based on degree of intention
6 Exceptions may reduce murder to culpable homicide

Leading Cases

Reg. v. Govinda

1877

(1877) ILR 1 Bom 342

Relevance: Classic exposition distinguishing culpable homicide from murder

Virsa Singh v. State of Punjab

1958

AIR 1958 SC 465

Relevance: Explained clause 3 of Section 300; intention to cause specific injury

State of A.P. v. R. Punnayya

1977

AIR 1977 SC 45

Relevance: Locus classicus on distinction between murder and culpable homicide

K.M. Nanavati v. State of Maharashtra

1962

AIR 1962 SC 605

Relevance: Landmark case on grave and sudden provocation exception

Usage Example

"The Sessions Court convicted the accused of culpable homicide not amounting to murder under Section 304 Part I, holding that while there was intention to cause injury, the death was not intended."

Synonyms

manslaughter unlawful killing homicide

Related Terms

Actus Reus Mens Rea

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