Podcast
Questions and Answers
What is the main difference between murder and culpable homicide?
What is the main difference between murder and culpable homicide?
What distinguishes first-degree murders from other categories of murders?
What distinguishes first-degree murders from other categories of murders?
Under what circumstances is justifiable homicide not prosecuted as murder?
Under what circumstances is justifiable homicide not prosecuted as murder?
According to Section 300(2) of the Indian Penal Code, when does culpable homicide become murder?
According to Section 300(2) of the Indian Penal Code, when does culpable homicide become murder?
Signup and view all the answers
What distinguishes felony murder from other categories of murders?
What distinguishes felony murder from other categories of murders?
Signup and view all the answers
Study Notes
Murder vs Culpable Homicide
- Murder is a more serious crime than culpable homicide in India.
- Culpable homicide is the killing of a person without the necessary intent to kill, while murder requires that the killing be intentional.
- Culpable homicide is broadly categorized as the killing of a human being by another human being.
First-Degree Murder
- First-degree murder is the most serious type of murder.
- First-degree murder requires premeditation, meaning that the killing was planned ahead of time.
- Malice aforethought is an essential element.
Justifiable Homicide
- Justifiable homicide is the killing of a person that is deemed lawful due to the circumstances.
- Self-defense against imminent danger is a common example.
- It is not prosecuted as murder because it is not considered unlawful.
Culpable Homicide Becoming Murder (IPC Section 300(2))
- According to the Indian Penal Code, culpable homicide becomes murder when the act is done with the intention of causing death, or with the knowledge that it is likely to cause death.
- Exceptions exist in the IPC that can reduce or absolve culpability, depending on the circumstances.
Felony Murder
- Felony murder is a specific type of murder in which a death occurs during the commission of another felony, such as robbery or rape.
- It is considered a strict liability offense – meaning the intent to kill is not required to be proven.
- Some jurisdictions have abolished the felony murder rule due to concerns about its application in certain cases.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge of the Indian Penal Code's definitions and categories of murder. Learn about the distinctions between murder and culpable homicide and the different degrees of murder as outlined in the law.