ALL MURDERS ARE NOT EQUAL : DIFFERENT TYPES OF MURDERS
Murders are different types
All the murders are not equal. According to IPC, CRPC, & IEA, murders are different types. Therefore their burden of prove & punishments are different. I shall try to put the details latter on.
ALL MURDERS ARE NOT EQUAL
When a person killed by another person, in general sense it is called ‘murder’. But all the murders are not equal.
According to IPC, murders are mainly devided into following categories.
(1) Murders with intention to kill the person.
(2) Murders without intention to kill the person.
(3) Murders for self defence.
(4) Causing death by negligence
(5) Murder with intention to kill an wife (Dowry death).
IPC broadly classified the murders into two, firstly Culpable homicide under sec 299 & murder under sec 300. Homicide means the killing of a human being; ‘likely by such act which may cause death’.
Culpable homicide is, whoever causes death of another person by doing an act
(a) With the intention of causing death, or
(b) With the intention of causing such bodily injury which likely to cause death, or
(c) With the knowledge that he is likely by such act to cause death,
commits the offence of culpable homicide.
Culpable homicide is murder –
If the act by which the death is caused.
is done with the intention of causing death, with the exceptions under sec 300, IPC. ‘Intention of the killer’ and ‘killer’s knowledge about the death’ plays a vital role in culpable homicide and murder.
Punishment under IPC classified the murder again.
Punishment for murder-
Whoever commits murder shall be punished with
(i) Death, or
(ii) Imprisonment for life, and
(iii) Shall also be liable to fine.
Punishment for culpable homicide not amounting to murder- Whoever commits culpable homicide not amounting to murder
(i) Shall be punished with imprisonment for life, or
(ii) Imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine,
(iii) If the act by which the death is caused is done with the intention of causing death; or
(iv) Of causing such bodily injury as is likely to cause death; or
(v) With imprisonment of either descripttion for a term which may extend to ten years; or with fine, or with both;
if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
Causing death by negligence - Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either descripttion for a term which may extend to
two years, or
with fine, or
with both. (Sec 304A)
Dowry death -
Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death.
Here "dowry" have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
Punishment
Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life (Sec 304B)
• Homicide can be distinguished as
(1) Justifiable
(2) Excusable
(3) Murder
(4) Suicide
(5) Manslaughter
(6) Infanticide
(7) Child destruction.
• Homicide can be classified as (A) Lawful homicide. (B) Unlawful Homicide
(A) Lawful homicide classified as
(i) Excusable homicide – Secs. 80, 82-85, 92/IPC.
(ii) Justifiable homicide – Secs. 76,79,77,78,81,100/IPC.
(B) unlawful Homicide classified as
(i) Culpable homicide (sec299/IPC)
(ii) Causing death by rash or negligent act not amounting to culpable homicide (Sec.304A/IPC).
(iii) Suicide (secs. 305, 306)
(iv) Murder with intention to kill a wife (Dowry death - sec 304B).
According to IEA, murders are broadly classified into two categories.
Where burdain of prove lies upon,
(i) The prosecution, &
(ii) The accused.
Murders are different types
All the murders are not equal. According to IPC, CRPC, & IEA, murders are different types. Therefore their burden of prove & punishments are different. I shall try to put the details latter on.
ALL MURDERS ARE NOT EQUAL
When a person killed by another person, in general sense it is called ‘murder’. But all the murders are not equal.
According to IPC, murders are mainly devided into following categories.
(1) Murders with intention to kill the person.
(2) Murders without intention to kill the person.
(3) Murders for self defence.
(4) Causing death by negligence
(5) Murder with intention to kill an wife (Dowry death).
IPC broadly classified the murders into two, firstly Culpable homicide under sec 299 & murder under sec 300. Homicide means the killing of a human being; ‘likely by such act which may cause death’.
Culpable homicide is, whoever causes death of another person by doing an act
(a) With the intention of causing death, or
(b) With the intention of causing such bodily injury which likely to cause death, or
(c) With the knowledge that he is likely by such act to cause death,
commits the offence of culpable homicide.
Culpable homicide is murder –
If the act by which the death is caused.
is done with the intention of causing death, with the exceptions under sec 300, IPC. ‘Intention of the killer’ and ‘killer’s knowledge about the death’ plays a vital role in culpable homicide and murder.
Punishment under IPC classified the murder again.
Punishment for murder-
Whoever commits murder shall be punished with
(i) Death, or
(ii) Imprisonment for life, and
(iii) Shall also be liable to fine.
Punishment for culpable homicide not amounting to murder- Whoever commits culpable homicide not amounting to murder
(i) Shall be punished with imprisonment for life, or
(ii) Imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine,
(iii) If the act by which the death is caused is done with the intention of causing death; or
(iv) Of causing such bodily injury as is likely to cause death; or
(v) With imprisonment of either descripttion for a term which may extend to ten years; or with fine, or with both;
if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
Causing death by negligence - Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either descripttion for a term which may extend to
two years, or
with fine, or
with both. (Sec 304A)
Dowry death -
Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death.
Here "dowry" have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
Punishment
Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life (Sec 304B)
• Homicide can be distinguished as
(1) Justifiable
(2) Excusable
(3) Murder
(4) Suicide
(5) Manslaughter
(6) Infanticide
(7) Child destruction.
• Homicide can be classified as (A) Lawful homicide. (B) Unlawful Homicide
(A) Lawful homicide classified as
(i) Excusable homicide – Secs. 80, 82-85, 92/IPC.
(ii) Justifiable homicide – Secs. 76,79,77,78,81,100/IPC.
(B) unlawful Homicide classified as
(i) Culpable homicide (sec299/IPC)
(ii) Causing death by rash or negligent act not amounting to culpable homicide (Sec.304A/IPC).
(iii) Suicide (secs. 305, 306)
(iv) Murder with intention to kill a wife (Dowry death - sec 304B).
According to IEA, murders are broadly classified into two categories.
Where burdain of prove lies upon,
(i) The prosecution, &
(ii) The accused.
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