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Entry 32: Culpable Homicide

Entry 32: As has been repeatedly held by this court, ‘culpable homicide’ is the genus and ‘murder’ is its species and all ‘murders’ are ‘culpable homicides’ but all ‘culpable homicides’ are not ‘murders’.

Explanation in simple language:-

  1. In generic sense ”Culpable homicide” means, an unlawful killing of human being. As lawful killing is protected under chapter IV of IPC, 1860.
  2. Under the scheme of IPC, 1860, ‘culpable homicide’ is employed as genus and ‘murder’ as its species.

This statement itself inherently speaks that the Code also contains other species of culpable homicide.

  1. Fundamentally, there are 3 species of culpable homicide as defined under sec. 299 of Code, namely,
  2. Culpable homicide of first/superior degree, i.e. it is done with or without intention;
  3. Culpable homicide of second degree, i.e. it is done with intention; and
  4. Culpable homicide of third/inferior degree, i.e. it is done without intention.

The above mentioned first species of culpable homicide is known as ‘murder’ punishable under s. 302 of the Code, while the second and third species of culpable homicide is known as ”Culpable homicide not amounts to murder’  which is punishable under first part of sec. 304 of the Code if it is committed intentionally or by second part of s. 304 of the Code if it is committed without intention.

First difference is, Murder is a SPECIAL KIND OF Culpable Homicide. So, CH is the genus and Murder is the specie.

All Murders are CHs but not CHs are murders. They are referred to as CH not amounting to Murder. Also called ‘Manslaughter’ in some nations.

 

December 20, 2018

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