Difference b/w Culpable Homicide & Murder for CLAT - Practice Questions & MCQ

Overview:

• Culpable Homicide and Murder form integral aspects of Criminal Law, serving as crucial differentiators in cases of unlawful killing. They revolve around the intentions, actions, and circumstances surrounding the act of causing someone's death.

Meaning of Culpable Homicide:

• Culpable Homicide refers to the unlawful act of causing the death of a human being. Unlike murder, it does not necessarily involve a direct intention to kill. It encompasses situations where an individual's actions or negligence result in someone's death, even if the death was not the specific desired outcome.

Ingredients of Culpable Homicide:

• Death of a Human Being: This fundamental element involves the loss of a person's life due to certain actions or events.
• Causing Death: The accused's conduct or omissions must directly contribute to the person's death. The causal link between the action and the death is pivotal.
• Absence of Intention to Kill: Unlike murder, where there's a specific intent to cause death, culpable homicide might involve an intention to cause harm, but not necessarily to cause death.

Example of Culpable Homicide:

• Imagine a scenario where during a heated argument, person A shoves person B, leading to B falling and hitting their head, which eventually causes B's death. In this case, although A didn't intend to kill B, their actions directly resulted in B's demise, thus constituting culpable homicide.

Meaning of Murder:

• Murder is a more severe offense compared to culpable homicide, involving the intentional and deliberate act of causing someone's death. It necessitates a higher degree of mens rea or guilty mind.

Ingredients of Murder:

• Death of a Human Being: Similar to culpable homicide, the death of a person is a core component.
• Intention to Cause Death: Murder requires a specific intent or purpose to cause the death of the individual. The accused must consciously desire the person's demise.
• Act Committed: The accused's actions or conduct must directly lead to the person's death, and there must be a clear connection between the action and the fatal outcome.

Example of Murder:

• Consider a case where individual X premeditates and administers poison to person Y, resulting in Y's death. In this instance, X's intentional act of poisoning Y with the specific aim of causing death classifies the crime as murder.

Case Law - R v. Govinda (1927):

• Intent as Crucial Element: The case emphasized the vital role of intent in distinguishing between culpable homicide and murder.
• Clear Evidence Required: The court stressed the need for convincing and unambiguous evidence of the accused's intent to cause death.
• Stringent Evidentiary Standard: The ruling established the principle that guilt in murder cases must be proven beyond a reasonable doubt.
• Precedent Setting: The case set a precedent for future legal interpretations, guiding the distinction between the two offenses based on intent.
• Relevance Today: The principles outlined in the case remain relevant in contemporary criminal proceedings, ensuring a just legal process.
• Educational Significance: The case is valuable for Criminal Law studies, teaching students about intent's role and the importance of robust evidence in criminal cases.

Indian Constitutional Perspective:

• Both these concepts align with Article 21 (Right to Life) of the Indian Constitution, which underscores the importance of safeguarding human life and ensuring that justice is administered fairly.