Murder and Culpable Homicide
There is a distinction between culpable homicide, as defined under Section 299 of the IPC, and murder. While all murders are culpable homicides, not all culpable homicides qualify as murder.
Culpable Homicide (Section 299 of IPC):
Culpable homicide occurs when a person causes the death of another with:
- An intention to cause death, or
- An intention to cause bodily injury likely to result in death, or
- Knowledge that the act is likely to cause death.
Murder (Section 300 of IPC):
The difference between culpable homicide and murder lies in the intention. If there is a clear intention to kill, the act falls under Section 300 and is classified as murder.
- If the intention to kill is absent, the case falls under Section 299 as:
- Culpable homicide not amounting to murder (if the victim survives), or
- Culpable homicide amounting to murder (if the victim dies).
Attempt to Murder (Section 307 of IPC)
An attempt to murder is governed by Section 307 of the IPC. It shares many similarities with Section 324, which pertains to voluntarily causing hurt using deadly weapons.
It can be challenging to differentiate cases under Section 307 from Sections 324, 325, and 326 because these sections share common elements. However, the primary distinction lies in the intention and the severity of the act:
- Section 307: Focuses on acts committed with the intention of causing death but where the act does not result in death.
- Section 324, 325, 326: Involve causing hurt, grievous hurt, or hurt using dangerous weapons, without necessarily intending to kill.
Each case is assessed based on its unique facts and the circumstances surrounding the offence.