The Difference Between Murder and Culpable Homicide Not Amounting to Murder (Explained Visually)
Lawgic.info endeavours to simplify the law, so that its understanding is easy. One of the ways of doing that is to teach law using visual aids, which is contrary to conventional practice.
I have not seen Law books which use flowcharts or infographics to explain legal concepts or statutes. Although some law books do use them to explain procedural aspects of law, the substantive aspects are neglected.
The below flowchart, visually explains the difference between Murder (punishable under section 300 of the Indian Penal Code) and Culpable Homicide Not Amounting to Murder (punishable under section 299 of the Indian Penal Code).
Murder is defined in the IPC as:
Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or
(Secondly) If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or
(Thirdly) If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or
(Fourthly) If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.
Culpable Homicide is defined in the IPC as:
299. Culpable homicide
Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
Very useful for law students and practicing advocates