Culpable Homicide vs. Murder PDF

Aspect Culpable Homicide Murder Culpable homicide refers to the act of Murder is the intentional killing causing death with the intention or...

Aspect Culpable Homicide Murder Culpable homicide refers to the act of Murder is the intentional killing causing death with the intention or of a person with premeditation or knowledge that it will likely result in death, Definition knowledge that the act will cause but without premeditation or the same death. It is considered a more level of intent as murder. It is a less severe serious form of homicide. form of homicide. There is intent to cause harm or death, Clear intention to kill. The act is Intention but it may not be as clear or extreme as in premeditated or done with extreme murder. The intention is less severe. recklessness or cruelty. Section 101 of the BNS defines Section 100 of the BNS defines culpable murder as the intentional killing Section under homicide as an act where a person causes of a person with malice IPC death with the knowledge that it is likely to aforethought (clear intent or cause death. recklessness). Less severe than murder. It may be a case More severe. It is considered a Gravitas where the death was caused due to reckless more serious crime because it (Severity) or negligent actions, or with less intent to involves a deliberate or cruel kill. intention to kill. Punishment for culpable homicide can be Punishment for murder is less severe, ranging from imprisonment to generally more severe, often Punishment life imprisonment or a lesser penalty leading to the death penalty or life depending on the degree of the offense. imprisonment. 1. A person assaults someone, causing 1. A person plans and carries out injuries that unintentionally lead to death the killing of another person (e.g., (without a clear intent to kill). premeditated murder). Examples 2. A person causes death during a physical 2. A person kills someone during a altercation where the intent was to cause robbery or other violent act with harm, not necessarily to kill. the clear intent to cause death. The accused has knowledge that their The accused has specific intent to Mens Rea actions are likely to cause death, but not kill or cause serious bodily harm (Mental State) necessarily the intent to kill. It could also that would result in death. be out of recklessness or negligence. - A person poisons someone with - A person knocks someone out in a fight, the intent to kill. Examples of leading to their death due to the injuries. - A person shoots another in a Cases - A driver in a car accident causes death by premeditated manner with the driving recklessly but not intending to kill. intent to cause death. Culpable homicide is not covered by Murder falls under Section 101 Section 300 Section 101, but falls under the exceptions BNS and is considered more Exception in the Indian Penal Code (IPC), such as serious, with no exception for sudden provocation or lack of sudden provocation in most cases.  Aspect Culpable Homicide Murder premeditation. It lacks the premeditation or extreme Murder involves deliberate malice typical in murder. It may involve Distinguishing intention, malice, and extreme cases where there is no intention to kill but Feature disregard for life. It is a more knowledge that death is likely to result calculated act. from the act. Hurt refers to causing bodily pain, Grievous hurt refers to more severe injuries Definition disease, or infirmity to another person, that lead to serious harm or long-term but not resulting in serious injury. impairment of the victim’s health or ability. Less severe injuries that cause pain Severe injuries that cause long-lasting damage Severity but do not cause significant long- or have a serious impact on the victim’s health, term damage. functioning, or appearance. - Permanent disfigurement (e.g., loss of an eye, - Simple cuts or ear) bruises Examples of - Serious bone fractures - Minor fractures Injuries - Loss of a limb or organ - Minor burns - Deep, permanent scars - Swellings or sprains - Injury resulting in unconsciousness The injury is typically caused with The injury is caused with greater intent, Intention intent to cause harm, but not with a often leading to permanent disability or malicious or severe intent. significant harm to the person. Punishment for hurt can range from Punishment for grievous hurt is more severe Punishment simple imprisonment (up to 1 year) and can involve longer imprisonment (up to or a fine, or both. 7 years) or a heavier fine, or both. Involves serious injury with long-lasting Nature of Typically involves temporary effects, such as permanent damage or loss of the Injury pain or short-term disability. function. Section 114 of BNS defines Section 116 of BNS defines grievous hurt as causing Sections hurt as causing bodily pain, injuries that lead to permanent damage, under IPC disease, or infirmity. disfigurement, or life-threatening conditions. Temporary discomfort or minor Causes long-term or permanent damage, Impact on disability. The victim typically affecting the victim’s quality of life and Victim recovers fully. health. - Self-defense Common Legal - Accidental - Same defenses as hurt, but more stringent evidence is Defenses injury required to prove lesser severity. - Provocation  - A person hits someone, causing a - A person fractures another’s bone intentionally Examples bruise or a minor wound. or causes permanent scarring. - A slap causing temporary pain. Degree of The harm caused is usually minor The harm is serious, with permanent or Harm and temporary. lasting consequences. The concepts of Common Intention and Common Object are critical in criminal law, especially under the Indian Penal Code (IPC). Both deal with the involvement of multiple individuals in a criminal act, but they differ in terms of the mental state and the nature of the group’s purpose. Below is a detailed tabular difference between the two: Common Intention (Section 34 Aspect Common Object (Section 149 IPC) IPC) Common object refers to the purpose or Common intention refers to the goal shared by a group, not necessarily shared plan or preconceived involving a pre-planned or specific intent Definition mental state of multiple individuals to commit a crime. It relates to the who intend to commit a crime group’s objective while committing an together. act. Involves common intention, which Common object involves the shared goal means all participants actively plan or purpose of a group but may not Mental State or intend to commit the crime require prior planning or specific intent. (Mens Rea) together. There must be prior The group's action can evolve during the meeting of minds. commission of the crime. Common intention requires pre- Common object does not require pre- Pre-planning planning or prior agreement planning; it can arise during the or Agreement among the individuals involved in commission of the crime when multiple committing the crime. people have a shared purpose. Common intention can involve any Common object generally involves a number of individuals but requires group of five or more individuals, and Group Size that all have a shared intent to their shared goal can justify collective commit the same crime. liability. Common intention is covered under Common object is covered under Section Section 34 IPC, where any act done Section Under 149 IPC, which extends liability to all by multiple people with a shared IPC members of an unlawful assembly with a intention is treated as being done by common object. all. All individuals involved in the crime Even if a participant did not directly Liability are equally liable, provided they commit the crime, they can still be held  Common Intention (Section 34 Aspect Common Object (Section 149 IPC) IPC) shared a common intention to liable if the group had a common object commit the offense. to commit an unlawful act. 1. Three individuals plan to rob a bank, and during the robbery, one 1. A group of five men form an unlawful person kills a security guard. All assembly with the common object to three are liable for murder due to attack a person. Even if only one person Examples their common intention. uses a weapon, all are liable for the crime. 2. A group plans to assault a rival, 2. A mob gathers with the common object and during the fight, one person uses to riot and cause destruction, and the a weapon to kill. They all share the group commits an act of vandalism. intention to hurt. Example of Robbery, Murder, Assault Riots, Unlawful Assembly, Hurt Common committed with shared intent to committed as part of a group’s purpose or Crime harm or achieve a common goal. goal. The group must have a common object or Nature of Every individual must share the purpose, and even if not all members Group same intention before the actively participate, they can be held Involvement commission of the crime. liable for the act committed by the group. Under Section 149, the punishment is The punishment depends on the collective based on the crime committed crime committed, and all involved Punishment by the unlawful assembly with the individuals face equal liability under common object. All members are equally the common intention. responsible. Criminal Force (Section Aspect Force Assault (Section 351 IPC) 350 IPC) Force generally refers to Criminal force is the Assault is the act of Definition any physical strength or unlawful use of physical intentionally attempting  Criminal Force (Section Aspect Force Assault (Section 351 IPC) 350 IPC) power used to affect or force against another or threatening to use force control someone or person with the intent to against someone, causing something. It can be hurt, harm, or intimidate them to fear immediate either lawful or unlawful them. It is used without the harm, without necessarily depending on the consent of the victim and making contact. It involves context. is illegal. a threat of force. Force can be either legal Criminal force is always Assault involves the threat or illegal depending on unlawful and aims to or attempt to apply force the context in which it is harm, intimidate, or hurt a to another person. It does Nature used (e.g., a police person. It includes acts that not require physical contact, officer using force to cause harm or make the but creates an immediate arrest someone). victim fearful. fear of harm. - Raising a fist to strike - Pushing someone to - Punching someone in the someone but not actually clear a path face without justification hitting them Examples - A police officer using - Striking someone in a - Shouting threats to harm force during an arrest fight without consent someone, causing them to fear violence Force can be lawful if Assault does not necessarily Criminal force is used applied with consent, require physical contact but without consent and is Consent such as self-defense or in is based on the victim’s fear intended to cause harm, the course of duty (e.g., of immediate harm, without intimidation, or fear. law enforcement). consent. Assault can be a The application of force Criminal force is punishable offense, but its is not necessarily illegal, punishable under IPC, as penalty is generally lighter Legal but it depends on its it is used unlawfully. It is a than for criminal force, as it Implications context. If lawful, it is criminal offense that leads only involves an attempt or justifiable (e.g., police to legal consequences such threat of harm, not actual action or self-defense). as imprisonment or fines. harm. Force may or may not Criminal force involves cause any physical Assault itself does not actual harm or injury or Level of harm. It could simply be require injury but causes the threat of harm. It Injury an exertion of strength, the victim to fear an typically leads to some not intended to cause imminent physical attack. form of injury or distress. injury. Criminal force is The punishment for the punishable under Section Assault is punishable under use of force depends on 350 of IPC with Section 351 of IPC with up Punishment whether it is lawful or imprisonment, which may to 3 months imprisonment, unlawful. If lawful, no extend to 3 months, or a a fine, or both. punishment is applicable. fine, or both.  Criminal Force (Section Aspect Force Assault (Section 351 IPC) 350 IPC) Force is not directly covered in a single section of the IPC but is Criminal force is defined Section Assault is defined under relevant to various under Section 350 of the under IPC Section 351 of the IPC. sections such as self- IPC. defense or lawful actions by authorities. Aspect Wrongful Restraint (Section 341 IPC) Wrongful Confinement (Section 340 IPC) Wrongful restraint refers to Wrongful confinement refers to intentionally preventing a person from moving preventing a person from moving out of a Definition freely or from proceeding in a bounded space, effectively keeping them particular direction without lawful locked in or restricted to a certain area. justification. The restriction is usually temporary and Wrongful confinement involves a Extent of may involve stopping someone or complete restriction of movement, Restriction blocking their way, but not necessarily where the person is forced to remain confining them in one place. within a specific area or place. Typically involves a short duration Wrongful confinement involves longer of restriction. The person may be durations, where the person is kept within a Duration stopped, but once the restraint is lifted, defined boundary (like a room, house, or they are free to move. building) and cannot leave the area. No physical boundary is required. The Involves physical boundaries such Physical person may be blocked or restricted from as rooms, buildings, or any enclosed Boundaries moving in a certain direction, but not space where the person is kept physically confined. confined. - A person is prevented from moving forward - A person is locked in a room or shut during a protest. in a house against their will. Example - A person is blocked from leaving a - A person is held in captivity or particular place without using any physical confined in an area without their force. consent. The offender prevents someone from proceeding The offender’s intent is to confine Mental with a particular act, but does not physically the person to a particular space, State confine them. The intent is to restrain their restricting their freedom of movement temporarily. movement entirely. Punishment for wrongful restraint is Punishment for wrongful confinement is under Section 342 of the IPC, which under Section 340 of the IPC, which Punishment prescribes imprisonment for up to 1 prescribes imprisonment for up to 1 year, or a fine, or both. year, or a fine, or both. Degree Wrongful restraint is generally less serious Wrongful confinement is a more serious of Harm as it does not involve long-term offense as it involves actual confinement but simply stopping someone imprisonment or involuntary detention temporarily. of the person. In wrongful restraint, the offender may In wrongful confinement, the Liability of not necessarily hold the person in one offender must keep the person Participants place but merely restrict their movement within a bounded space for a temporarily. significant period. Section 340 of IPC: Wrongful Section 341 of IPC: Wrongful restraint Legal confinement involves unlawfully involves restraining a person's Section detaining a person in a specific place or movement without their consent. space.