Brief of Culpable Homicide and Murder

Under the Indian Penal Code (IPC), culpable homicide and murder are two distinct offenses with different degrees of severity.

Culpable Homicide

1. Definition: According to section 299 of the IPC, culpable homicide refers to any action that results in the death of a person with the intent to do so or with knowledge that it is likely to do so.
2. Mens Rea: When someone commits a homicide, they must have the intent to kill or know that doing so will almost certainly result in death.
3. Punishment: Culpable homicide can result in a sentence of up to 10 years in prison, a fine, or both.

Murder

1. Definition: According to section 300 of the IPC, murder is defined as “causing the death of a person by an act or omission, with the intention to cause death, or with knowledge that the act is likely to cause death,” and “the act is done with a specific intention to cause bodily injury that is sufficient in the ordinary course of nature to cause death.”
2. Mens Rea: In order to be charged with murder, a person must have both the particular intention to cause bodily harm that is sufficient in the normal course of nature to cause death, as well as the knowledge that their actions are likely to result in death.
3. Punishment: Murder is punishable by either a term of life in prison or a term of up to 10 years in imprisonment, as well as a fine.