In India according to Section 300 of the Indian Penal Code, 1860, murder is defined as follows:
Murder.–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- 167 2ndly.-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- 3rdly.-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- 4thly.-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 e
Culpable homicide (section 299 of Indian Penal Code, 1860)is defined as
By causing death of person other than person whose death was intended.–If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause for incurring the risk of causing death or such injury as aforesaid.
Culpable homicide is a term wider than murder. Therefore, Culpable homicide is considered as the genus while murder is regarded as a species. Murder is an aggravated form of culpable homicide. In culpable homicide the knowledge is not so definite, while in murder the offender has a definite knowledge that the act would be resulting in death. Thus, the probability of causing death is higher in murder than in culpable homicide.
CAUSES OF MURDER
CIRCUMSTANCES IN AWARDING DEATH SENTENCE
Supreme Court held that following mitigating circumstances are relevant and must be given weightage in determination of sentence.
- The age of the accused.
- The probability that the accused would not commit criminal acts of violence as would constitute a continuing threat to the society.
- The probability that the accused can be reformed and rehabilitated.
- That in the facts and circumstances of the case the accused believed that he was morally justified in committing the offence.
- That the accused acted under the duress or domination of another person.
- That to condition of the accused showed that he was mentally defective and that the said defect impaired his capacity to appreciate the criminality of his conduct.
NAME OF CASES
- State of Tamil Nadu v. T. Suthanthiraraja
- State v. Sushil Sharma
- Swamy Sharaddananda @ Murli Manohar Mishra v. State of Karnataka
- Prajeet Kumar Singh v. State of Bihar
- State of Tamil Nadu v. Rajendran
ITS ONLY MURDER IF THEY FIND A BODY OTHERWISE ITS JUST A MISSING PERSON.