IPC Section 300 - Culpable Homicide or Murder?

criminal bar_exam intermediate pyq_discussion

Ye sab theory hai, but it's easy to get confused between culpable homicide and murder. In a previous year's AIBE question, this one tripped up many students. A person shoots another in a fit of rage, but it's revealed later that the victim had a brain tumour and was unlikely to live long anyway. Was it culpable homicide or murder?

Correct approach: IPC Section 300 defines murder. It says if the act is done with the 'intention of causing death', it's murder, regardless of whether death occurs or not. Here, intent was not there, so it can't be murder. Culpable homicide is similar, but it requires a 'grossly negligent' act that results in death. In this case, the shooter's rage doesn't make him grossly negligent; it's just emotional.

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