Culpable Homicide

August 2, 2024

GS Paper II Indian Polity and Governance

Recently, Following the death of three UPSC aspirants at a coaching centre in Delhi , police arrested seven people

Charges

Sections 105: Booked under charges including Sections 105 (culpable homicide not amounting to murder) and 115 (2) (voluntarily causing hurt) of the Bharatiya Nyaya Sanhita (BNS).

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Murder vs Culpable Homicide

All ‘Murders’ are ‘Culpable homicides’ but all ‘Culpable homicides’ are not Murders:

	Murder	Culpable Homicide
Definition	Murder is a subset of culpable homicide. It involves causing death with one of several specific intentions or knowledge, such as the intention to cause death or cause such bodily injury that the perpetrator knows is likely to cause death.	It refers to an act where a person causes the death of another 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 his act is likely to cause death, but without the circumstances that qualify it as murder.
Knowledge	The act is done with such knowledge and in such circumstances that the perpetrator must know it is so imminently dangerous that it must, in all probability, cause death or such bodily injury that is likely to cause death.	The perpetrator is aware that their actions are likely to result in death, even if death was not the primary intent.
Intent	The act is committed with a clear intention to cause death or cause bodily injury that the perpetrator knows is likely to cause death.	The act is done with the intention of causing death, causing such bodily injury that is likely to cause death, or with the knowledge that the act is likely to cause death.
Circumstances and Exceptions	Aggravating Factors: It includes situations where the act is committed with premeditation, with extreme recklessness, or with cruel intentions.	Mitigating Factors: It includes situations where the act is committed without premeditation or in the heat of the moment, such as during sudden and grave provocation. Exceptions: Certain acts that result in death under specific circumstances (e.g., self-defense, lack of intention) may be classified as culpable homicide not amounting to murder.

Negligence

It refers to the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. It involves careless or reckless behavior that results in harm or injury.
Key Aspect:
- Intent: There is no intention to cause harm or death. The focus is on the failure to exercise due care.
- Knowledge: The individual may or may not be aware of the potential consequences of their actions, but they fail to take reasonable precautions to prevent harm.
- Nature: The act is usually an omission or a failure to act with the required level of care. It is characterized by carelessness or recklessness.
- Examples: A doctor failing to diagnose a treatable condition, a driver not observing traffic signals, or a manufacturer producing a defective product.

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