Preview

Culpable homicide & Murder

Better Essays
Open Document
Open Document
2011 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Culpable homicide & Murder
Initiation:

Section 299 and Section 300 of the Penal Code deal with the offencing culpable homicide not amounting to murder and murder. Under the Mohammedan system there were three kinds of punishment namely relation, defined punishment and discretionary punishment and the entire administration was entrusted to Kazi, resulting in the punishment and the entire motion of each Kazi. When the British assumed power the need for uniform criminal law was felt necessary and the result of their labours is the present Penal Code. Offences affecting life are contained in section 299 to 311. The other offences depending upon the injury caused fall under section 312to 376 of the Penal Code.

We shall be now considering regarding homicide to explain very clearly culpable homicide and murder. The termed homicide is used to describe the killing of a human being by a human being. Such a killing may be lawful or it may be unlawful and criminal. Unlawful homicide includes murder, manslaughter causing death by dangerous driving, killing in pursuance of suicide pact and infanticide. Homicide is the killing of a human being by a human being .Homicide may be lawful or unlawful. Lawful homicide may again be classified under the heads (a) excusable homicide and (b) justifiable homicide; and unlawful homicide may be classified as (1)culpable homicide not amounting to murder,(2) murder (3) suicide and (4) homicide by rash and negligent acts not culpable.

Culpable homicide: According to the section 299of the Penal Code “whoever cause death by doing an act with the intention of causing death or with the intention of causing such bodily injury as is likely to cause death, or with commits the offence of culpable homicide”

Illustration: (a)A lays sticks and turf over a pit, with the intention of thereby causing death or with the knowledge that death is likely

You May Also Find These Documents Helpful

  • Good Essays

    In regards to our case above, the man in question killed the bystander even though it was later so that is point one. The actions our dumb guy did were dangerous because he was shooting a deadly weapon in a public place. I believe that out guy knew that what he was doing was not safe so that satisfies the last element to call this involuntary manslaughter. Also according to “Find Law,” “the base sentence for involuntary manslaughter under federal sentencing guidelines is a 10 to 16 month prison sentence, which increases if the crime was committed through an act of reckless…

    • 525 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Defensive Homicide

    • 1513 Words
    • 7 Pages

    Under defensive homicide in the crimes act (2005), A person who, by his or her conduct, kills another person in circumstances that, but for section 9AC, would constitute murder, is guilty of an indictable offence (defensive homicide) and liable to level 3 imprisonment (20 years maximum) if he or she did not have reasonable grounds for the belief referred to in that section.…

    • 1513 Words
    • 7 Pages
    Good Essays
  • Satisfactory Essays

    The defendant killed with malice and aforethought (either deliberately and intentionally or recklessly with extreme disregard for human life).…

    • 442 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Maliceaforethought is also confusing and misleading. it is defined as 'the intention to kill or cause gbh" but many judges argue that it is unclear as it doesn't state whether that can be death through recklessness.…

    • 883 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Unlawful killing of a human by another human with malice a premeditated thought of another human being, it is this state of mind that distinguishes murder from other forms of unlawful homicide. For example manslaughter either voluntary or involuntary. Murder is a very serious crime that holds the harshest punishment.…

    • 682 Words
    • 3 Pages
    Better Essays
  • Good Essays

    Jaidyn Leskie Case

    • 2510 Words
    • 11 Pages

    Murder is when a person kills another person with malice aforethought. Malice aforethought is one of the six principals of criminal liability that the prosecution must prove for someone to be convicted of murder.…

    • 2510 Words
    • 11 Pages
    Good Essays
  • Powerful Essays

    A2 OCR Law - Intention

    • 1888 Words
    • 8 Pages

    (b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered; shall be guilty of an offence.…

    • 1888 Words
    • 8 Pages
    Powerful Essays
  • Better Essays

    Ratio Decidendi: (Lamer, J. and Dickson, J.) Section 213(a) and (d) of the Criminal Code defines culpable homicide as murder where a person causes the death of a human being while committing or attempting to commit a range of listed offences, whether or not the person means to cause death or whether or not he or she knows that death is likely to ensue. Section 213(a) of the Criminal Code violated both ss. 7 and 11(d) of the Charter:…

    • 633 Words
    • 3 Pages
    Better Essays
  • Good Essays

    Criminal Law Midterm

    • 601 Words
    • 3 Pages

    A defendant’s actions are the proximate cause of the victim’s death if the result occurs as a consequence of the defendant’s act. There is no other casually connected act. The defendant’s conduct is the direct cause of the harm.…

    • 601 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Involuntary Manslaughter

    • 1342 Words
    • 6 Pages

    Manslaughter seems to be the most flexible and elusive type of homicide as far as the court system goes. The law has gradually made successful differentiations and weeding out about how it recognizes murder on the one hand, based mainly, though not exclusively, on an intention to kill. Manslaughter on the other hand, based mainly, though not exclusively, on the absence of intention to kill.…

    • 1342 Words
    • 6 Pages
    Good Essays
  • Good Essays

    At present in English legal system there are two homicide offences murder and manslaughter. For the most serious, murder proof of an intention to kill or cause serious harm is needed for a successful conviction. If a partial defence is used in circumstances, such as provocation or diminished responsibility, then the offence is one of voluntary manslaughter. However, if someone kills but did not intend to cause death or serious harm but there was a death then they are liable to be convicted of involuntary manslaughter. There are numerous criticisms attached to Involuntary manslaughter as it covers a wide range of behaviour which can cause death, although one of the most prosecuted common law offences it is not yet become subject to any statutory definition or change and is in need of reform.…

    • 550 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Attempt to commit murder

    • 416 Words
    • 2 Pages

    Explain the elements of murder including what is required to convict someone of attempt to commit murder.…

    • 416 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Court Report

    • 1667 Words
    • 7 Pages

    b) Is reckless as to causing actual bodily harm to that or any other person,…

    • 1667 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    another person or intent to inflict an injury likely to cause death in order to establish…

    • 1075 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Definition Essay: Murder

    • 1251 Words
    • 6 Pages

    According to the People's Law Dictionary by Gerald and Kathleen Hill, there are two types of manslaughter. "The first type is voluntary manslaughter (first degree) which is defined as a homicide resulting from an intentional act done with or without malice or premeditation and while in the heat of passion or on sudden provocation".(Hill) An example would be a husband catching his wife in bed with another man and he kills the man before the heated passion cools off. "The second type is involuntary manslaughter (second degree) which occurs when a death is caused by a violation of a non-felony, and often includes an element of unlawful recklessness or negligence".(Hill) An example would…

    • 1251 Words
    • 6 Pages
    Good Essays

Related Topics