Is Culpable Homicide (302 IPC) and Murder (302 IPC) the same thing?
criminal clat_ug intermediate mcq_debateWe were discussing this over a cup of chai and my friend said it's the same because both are punishable under Section 302 IPC. I was like, "No way, man! If that's the case, then why do we have separate sections for them?"
My friend said the main difference is that in culpable homicide, the punishment is usually lower (life imprisonment) compared to murder (death sentence). But I argued that the intention behind the act is different in both cases. In culpable homicide, the intention is not to kill, but in murder, the intention is to kill. We're stuck on this and I thought we could get some clarification from you all. Should we treat them as the same thing or not? What do you guys think?
What's your answer?
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"Bhai, Culpable Homicide (302 IPC) aur Murder (302 IPC) kabhi na khud ko same maante the. Culpable Homicide mein intention ya knowledge of danger nahin honi chahiye, par Murder mein yeh sab hote hain. Agar aapne koi action kiya hai jo marne ki wajah ban jata hai aur usse pehle aapne yeh socha ho ki iska result marne ki wajah ban sakta hai, toh Murder ho jayega.