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Culpable homicide is killing of a human being with intention. Culpable homiced has 2 branches:-
1);Culpable homicide not amounting to murder:- To kill someone with intention but absence of knowledge or probability that it can cause such death.
2)culpable homicide amounting to murder:- To kill someone with intention to kil and with proper knowledge that an act can cause death.
this is not exactly correct. every culpable homicide is a culpable homicide amounting to murder unless it falls within 4 exceptions mentioned in IPC. exceptions include killing in heat of the moment, excess of self defence etc.
on principle, culpable homicide not amounting to murder is less culpable than CH amounting to murder because of some extenuating circumstance.
any further doubts?
confusing...bt got it!!!
Culpable homicide is a specific offence in various jurisdictions, as mentioned in the IPC which involves the illegal killing of a person with either or both of intention or absence of intention depending upon how a particular jurisdiction has defined the offence.
It is divided into two categories..!!!
a) Culpable homicide amounting to murder.
b) Culpable homicide not amounting to murder.
Section 300 of IPC , says that Culpable Homicide can be termed as culpable homicide amounting to murder if the
act by which the death is caused is done
1. with the intention of causing death
2. or with an intention of causing such bodily injury as the offender knows to be likely to cause the death of the person,
3. or with an intention of causing such bodily injury as is sufficient in ordinary course of nature to cause death.
4. It is also Murder if the person committing the act knows that the act is so dangerous that it will cause death or such injury as is likely to cause death in all probability and he has no valid reason for doing that act.
In every other situation, it is termed as culpable homicide not amounting to murder!!
Ex:a pesticide carelessly left within the reach of child and as a result the child died. It amounts to culpable homicide not amounting to murder.