Punishments
Section 302 – Whoever commits murder shall be punished with death
Section 304 – Whoever commits culpable homicide not amounting to murder shall be punished:
(a) with imprisonment for life, or imprisonment for a term which may extend to 10 years & shall also be liable to fine, if the act by which death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death.
(b) with imprisonment for a term which may extend to 10 years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
Conclusion-
The main element which is distinguish between murder and culpable homicide is Intention or in presence of a special mens rea.
If death is the most likely result of an act, it will be murder.
If death is the likely result of an act, it will be culpable homicide not amounting to murder.
No comments:
Post a Comment