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Q.

What's the difference between murder and culpable homicide ?

Asked by Sovan Sahoo, 23 Feb '09 11:22 pm
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Answers (6)

1.

The difference between murder and culpable homicide not amounting to murder is very subtle. A great deal of caution has to be exercised in separating the two offences;

if death is the most likely result of an act, it will be murder.
if death is the likely result of an act, it will be culpable homicide not amounting to murder.
culpable homicide is a less serious offence than murder.
Answered by Ipshita, 24 Feb '09 03:19 pm

 
  
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2.

Culpable homicide is having an intention in one's mind to cause death to the other and causes the other person death through thired person. Murder is a more serious offence here the offender directly commits the crime by causing injury to the other person.
Answered by mascotnetworksociety, 27 Sep '09 08:58 pm

 
  
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3.

The mens area or the state os mind is the key to distinguish between the two. Culpable Homicide means killing of a human being by another human being in a blameworthy or criminal manner. Murder is a type of Culpable Homicide.
Section 300 of IPC , says that Culpable Homicide is Murder if the
act by which the death is caused is done
1. with the intention of causing death
2. or with an intention of causing such bodily injury as the offender knows to be likely to cause the death of the person,
3. or with an intention of causing such bodily injury as is sufficient in ordinary course of nature to cause death.
4. It is also Murder if the person committing the act knows that the act is so dangerous that it will cause death or such injury as is likely to cause death in all probability and he has no valid reason for doing that act.
Answered by Lakshmi Rajesh, 24 Feb '09 12:56 pm

 
  
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4.

It is only legal nitpicking.Purpose and endresult is the same in both.
Answered by yalamanchily rao, 23 Feb '09 11:42 pm

 
  
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5.

Killing of a human being by a human being is homicide. If such killing by the actions of some class of people, it is either justified or excused eg. killing of a human being by a child below 7 years of age, a lunatic,etc.

Any act done for the benefit of the deceased either with his consent or without his consent,or with/without the consent of his guardian, in emergency is exempted from criminal liability. E.g. Operating upon a patient by a doctor in emergency, where the operation is urgently required and the chance of survival after the operation is 50%.

Any blameworthy homicide with an intention to kill is the culpable homicide and amounts to murder. Any other homicide, though,blameworthy not having the element of mens rea amounts to culpable homicide not amounting to murder.
e.g. a pesticide carelessly left within the reach of child and as a result the child died. It amounts to culpable homicide not amounting to murder.
Answered by Satyanarayana Tumuluri, 24 Feb '09 05:09 pm

 
  
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6.

In culpable homicide there is no mens rea (intention to kill)
Answered by eswaran iyer, 24 Feb '09 11:25 am

 
  
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