"Murder" and "Culpable Homicide Not Amounting to Murder" : Supreme Court Explains the Difference

 "Murder" and "Culpable Homicide Not Amounting to Murder" : Supreme Court Explains the Difference

An important Judgment was passed by Hon'ble Supreme Court on 24 July 2012.

In context of S.300, S.302, S.304 of IPC, it has been commented in Rampal Singh v State of Punjab [2012] GCtR 3076 (SC) that "Section 300 states both, what is murder and what is not. First finds place in Section 300 in its four stated categories, while the second finds detailed mention in the stated five exceptions to Section 300. The legislature in its wisdom, thus, covered the entire gamut of culpable homicide that ‘amounting to murder’ as well as that ‘not amounting to murder’ in a composite manner in Section 300 of the Code. Sections 302 and 304 of the Code are primarily the punitive provisions. They declare what punishment a person would be liable to be awarded, if he commits either of the offences. An analysis of these two Sections must be done having regard to what is common to the offences and what is special to each one of them. The offence of culpable homicide is thus an offence which may or may not be murder. If it is murder, then it is culpable homicide amounting to murder, for which punishment is prescribed in Section 302 of the Code." 

"Where the act is done on grave and sudden provocation which is not sought or voluntarily provoked by the offender himself, the offence would fall under the exceptions to Section 300 of the Code and is punishable under Section 304 of the Code."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

 https://main.sci.gov.in/judgments

Then entering the date of Judgment, for example, as 24 July 2012.

Written by 

Vishal

Delhi

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