Murder of an individual is considered as the highest form of belligerence in a country, which is why death penalty serves as the ultimate penance in the form of justice.
However, killing of a person may or may not always be intentional or be inherent of mala fide objective. Therefore, the idea is to discern whether it is “murder” or “culpable homicide not amounting to murder”.
People often get confused between ‘culpable homicide’ and ‘murder’.The differences between these two terms are small but important to the legal system while dispensing justice to the victims of these grave crimes.Murder is a crime against a person as well as the society as a whole. In murder there is greater intension or knowledge than in culpable homicide.“Culpable” means criminal and “homicide” means the act of killing other person.Culpable homicide is a categorisation of certain offences, which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence. It means unlawful killing which is not classified as murder due to the guilty intension of a person or ‘mensrea’ being absent. The law defines that culpable homicide is the genus and murder is its species.
Culpable homicide presupposes an intension or knowledge of likelihood, of causing death. In absence of such intention or knowledge even if the death is caused, the offences may be of hurt or grievous hurt.
Culpable homicide is not amounting to murder exception 1 to 5 of section 300 of Indian Penal Code defines conditions which are: provocation, right to private defence, public servant exceeding his power, sudden fight, consent.
This story is from the October 2018 edition of LawZ Magazine.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the October 2018 edition of LawZ Magazine.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.
Already a subscriber? Sign In
Freedom Of The Press: Print Media Near -Vs- Minnesota
This 1931 case is a landmark judgement highlighting the constitutional protection given to the freedom of the press.
Protection To Woman
Well, the Indian Penal code, acts as a sword as well as a shield for the Indian women.
Corporate Governance Past, Present & Future In India
While corporate governance may not dictate the economic prospects of developing countries, it certainly plays an integral role in shaping them. Corporate governance deals with the rights and responsibilities of a company’s management, its board, shareholders and various stakeholders.
Builders Can't Force Buyers To Go For Arbitration
It is a well settled law that arbitration agreements do not bar the jurisdiction of the National Consumer Disputes Redressal Commission (‘NCDRC’) and other consumer forums. The issue was, however, reconsidered at length by a Full Bench of the NCDRC, in Aftab Singh v Emaar MGF Land Limited &Anr [Consumer Case No 701 of 2015] in view of the amendments to the Arbitration and Conciliation Act 1996 (‘the Amended Act’).
The Unwanted Acid
Incidents of acid attacks in which the perpetrator throws acid at the face of the victim are on rise. Such acid violence have a specific gender dimension in India as a majority of reported victims have been women. While acid attacks constitute only a fraction of the total number of violent incidents against women, they are among the most horrific examples of brutality inflicted on women.
Iran Deal Withdrawal
WORST DEAL OR WORST MISTAKE
Law Regulating
ELECTIONS IN INDIA
Karl Marx
Karl Marx has been without doubt one of the most influential socialist thinkers till date. Although he was largely ignored by scholars, his social, economic and political ideas gained rapid acceptance.
Virtual Currencies In India Journey So Far
Bitcoin has been the talk of the market yet has the government report closed the doors to its development.
Applicability Of GDPR On Goods And Services Offered Over The Websites Outside The European Union
Applicability of the EU data Protection laws outside its territory and provision for its intl. avoidance
