Criminal Litigo
Criminal Litigo
Criminal Litigo

Murder, Bodily Injury

ORIGINAL JURISDICTION:
Court of Session

BRIEF:
Culpable Homicide is the Genus, and murder is the species.
Culpable Homicide simply means the killing of a human body. IPC differentiates between the two kinds of Culpable Homicide as follows:
  1. Culpable Homicide Amounting to Murder : A.K.A. Murder
  2. Culpable Homicide Not Amounting to Murder

The technical difference between the two can be understood through the below given chart:

S. No. Culpable Homicide Murder
1. It has been given under Section 299 of IPC It has been given under Section 300 of IPC
2. This is the genus This is the species
3. There is some intention involved There is strong intention involved to cause death
4. It is a less serious degree of murder It is more serious degree of murder (it is basically an aggravated form of Culpable Homicide)
5. Every Culpable Homicide is not murder Every Murder is primarily a Culpable Homicide
6. There is a probability of death There is much higher possibility of death
7. There is likelihood of death There is certainty of death


IPC does not only punish Murder and Culpable  Homicide not amounting to Murder, it also lays down punishment for the mere attempt of them and even states attempt to suicide as a penal offence.
Under the Indian Penal Code, 1860 the following sections are related to the punishments of offence murder and attempt:


Section
Offence Punishment Cognizable/ Non-cognizable Bail
302 Murder Death, or imprisonment for life Cognizable Non- Bailable
304 Culpable Homicide not amounting to murder – act done with intention to cause death Imprisonment for life, or imprisonment for 10 years + fine Cognizable Non- Bailable
  Culpable Homicide not amounting to murder – act done without any intention to cause death Imprisonment for 10 years, or fine or both Cognizable Non- Bailable
304A Causing death by negligence Imprisonment for 2 years, or fine, or both
Traiable by Magistrate of the First Class
Cognizable Bailable
304B Dowry death Imprisonment for not less than 7 years, which may extend to imprisonment for life Cognizable Non- Bailable
305 Abetment of suicide of child or insane person Imprisonment for life, or imprisonment for 10 years + fine Cognizable Non- Bailable
306 Abetment of suicide Imprisonment for 10 years + fine Cognizable Non- Bailable
307 Attempt to murder – with intention and  knowledge causes death Imprisonment for 10 years + fine Cognizable Non- Bailable
  And if hurt caused to any person by such act Imprisonment for life, or imprisonment for 10 years + fine Cognizable Non- Bailable
  Attempts by life Convicts Death, or imprisonment for life + Fine Cognizable Non- Bailable
308 Attempt to Commit Culpable homicide – Act with such intention and knowledge, caused death and would be guilty of culpable homicide not amounting to murder Imprisonment for 3 years, or fine, or both Cognizable Non- Bailable
  If hurt is caused to any person by such act Imprisonment for 7 years, or fine, or both Cognizable Non - Bailable
309 Attempt to commit suicide Simple Imprisonment for 1 year, or fine, or both
Traiable by any Magistrate
Cognizable Bailable

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