UGC Approved Journal no 63975(19)

ISSN: 2349-5162 | ESTD Year : 2014
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Published in:

Volume 5 Issue 10
October-2018
eISSN: 2349-5162

UGC and ISSN approved 7.95 impact factor UGC Approved Journal no 63975

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Published Paper ID:
JETIRFR06062


Registration ID:
501012

Page Number

314-317

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Title

Relationship Between Culpable Homicide and Murder

Abstract

First and foremost, it is reasonable to assume that the two crimes of culpable homicide and murder are neither mutually exhaustive nor exclusive, nor do they require that every incidence of killing be one of the two. Offence is determined by the degree of criminality, which is determined by the offender's knowledge and purpose. That knowledge and purpose might be of the type indicated once more. If it is the case, the question of whether the crime is murder or culpable homicide arises. Murder is defined as an aggravated form of culpable homicide under Section 299 of the Indian Penal Code, 1860. According to this viewpoint, all murder must be responsible homicide, but not the other way around. However, an offense might include all of the components of murder but only be culpable homicide if it also has the extra mitigating characteristics listed in the exceptions. In certain situations, the severity of the crime fluctuates due to factors that reduce the core heinousness of the crime. Apart from that, an offense may nevertheless be considered culpable homicide in the first instance if it lacks the characteristics of murder. Though the two classes of offenses appear to be distinct when viewed with the naked eye, and the Indian judiciary has extensively dealt with the subject to explain the interconnection between the two, the key to understanding the interconnection and difference between the two lies in the fact that knowledge and intention must not be confused. The goal of this article is to identify the elements that lead to a lack of clarity in the judiciary, culminating in a reversal of decision.

Key Words

Culpable Homicide, Knowledge, Intention, Murder.

Cite This Article

"Relationship Between Culpable Homicide and Murder", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.5, Issue 10, page no.314-317, October-2018, Available :http://www.jetir.org/papers/JETIRFR06062.pdf

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2349-5162 | Impact Factor 7.95 Calculate by Google Scholar

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 7.95 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Cite This Article

"Relationship Between Culpable Homicide and Murder", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.5, Issue 10, page no. pp314-317, October-2018, Available at : http://www.jetir.org/papers/JETIRFR06062.pdf

Publication Details

Published Paper ID: JETIRFR06062
Registration ID: 501012
Published In: Volume 5 | Issue 10 | Year October-2018
DOI (Digital Object Identifier):
Page No: 314-317
Country: -, -, India .
Area: Engineering
ISSN Number: 2349-5162
Publisher: IJ Publication


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