culpable homicide in india

culpable homicide in india

Culpable homicide

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Criminal law
Elements
  • Actus reus
  • Mens rea
  • Causation
  • Concurrence
Scope of criminal liability
  • Complicity
  • Corporate
  • Vicarious
Severity of offense
  • Felony
  • Infraction (also called violation)
  • Misdemeanor
Inchoate offenses
  • Attempt
  • Conspiracy
  • Incitement
  • Solicitation
Offence against the person
  • Assassination
  • Assault
  • Battery
  • Child abuse
  • Criminal negligence
  • Defamation
  • False imprisonment
  • Harassment
  • Home invasion
  • Homicide
  • Intimidation
  • Kidnapping
  • Manslaughter  ( corporate )
  • Mayhem
  • Murder
    • corporate
  • Negligent homicide
  • Invasion of privacy
  • Robbery
  • Torture
Sexual offences
  • Adultery
  • Bigamy
  • Fornication
  • Incest
  • Indecent exposure
  • Masturbation
  • Prostitution
  • Rape
  • Sexual assault
  • Sodomy
Crimes against property
  • Arson
  • Blackmail
  • Bribery
  • Burglary
  • Embezzlement
  • Extortion
  • False pretenses
  • Fraud
  • Gambling
  • Intellectual property violation
  • Larceny
  • Payola
  • Pickpocketing
  • Possessing stolen property
  • Robbery
  • Smuggling
  • Tax evasion
  • Theft
Crimes against justice
  • Compounding
  • Malfeasance in office
  • Miscarriage of justice
  • Misprision
  • Obstruction
  • Perjury
  • Perverting the course of justice
Crimes against the public
  • Apostasy
  • Begging
  • Censorship violation
  • Dueling
  • Illegal consumption (such as prohibition of drugs , alcohol , and smoking )
  • Suicide
Crimes against animals
  • Cruelty to animals
  • Wildlife smuggling
  • Bestiality
Defences to liability
  • Automatism
  • Consent
  • Defence of property
  • Diminished responsibility
  • Duress
  • Entrapment
  • Ignorantia juris non excusat
  • Infancy
  • Insanity
  • Justification
  • Mistake  ( of law )
  • Necessity
  • Provocation
  • Self-defence
Other common-law areas
  • Contracts
  • Evidence
  • Property
  • Torts
  • Wills , trusts and estates
Portals
  • Criminal justice
  • Law
  • v
  • t
  • e

Culpable homicide is a categorisation of certain offences in various jurisdictions within the Commonwealth of Nations which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence. Unusually for those legal systems which have originated or been influenced during rule by the United Kingdom , the name of the offence associates with Scots law rather than English law .

Contents

  • 1 Jurisdictions
    • 1.1 Canada
    • 1.2 India
    • 1.3 Pakistan
    • 1.4 Scotland
    • 1.5 Singapore
      • 1.5.1 Examples
    • 1.6 South Africa
  • 2 See also
  • 3 References
    • 3.1 Footnotes
    • 3.2 Notations

Jurisdictions[ edit ]

“Culpable homicide” offences are found in the following jurisdictions; the description of the local version of the offence is given where available:

Canada[ edit ]

See also: Murder (Canadian law) § Types of culpable homicide

In Canada, “culpable homicide” is not itself an offence. Rather, the term is used in the Criminal Code to classify all killings of persons as either culpable or not culpable homicide. [1] There are three types of culpable homicide: murder , manslaughter and infanticide . Killings classified as not culpable are justifiable killings ; thus the term is used to define the criminal intent or mens rea of a killing. Non-culpable homicide includes those committed in self-defence. [2]

India[ edit ]

The offences include causing death whether by intention or not.

Under §299 [3] of the Indian Penal Code (IPC), “[…committer of] Culpable homicide” is defined as “Whoever causes 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 the knowledge that he is likely by such act to cause death, commits the offence of culpable.

“Culpable homicide not amounting to murder” is punishable under 299 [4] of the Indian Penal Code. It is a non bailable charge with imprisonment up to 10 years with or without fine.

Pakistan[ edit ]

The Pakistan Penal Code (PPC) in earlier form included the offence of “culpable homicide” for acts of homicide resulting from the infliction of intentional harm upon a person:

§299 Culpable homicide

§301 Culpable homicide by causing death of person other than person whose death was intended

Amendments in recent years have replaced the specific phrase “culpable homicide” within those sections and introduced terms from Sharia law but it remains in §38 (Persons concerned in criminal act may be guilty of different offences).

The current equivalent sections are:

300. Qatl-e-Amd:

Whoever, with the intention of causing death or with the intention of causing
bodily injury to a person, by doing an act which in the ordinary course of nature
is likely to cause death, or with the knowledge that his act is so imminently
dangerous that it must in all probability cause death, causes the death of such
person, is said to commit qatl-e-amd.

301. Causing death of person other than the person whose death was intended:

Where a person, by doing anything which he intends or knows to be likely to
cause death, causes death of any person whose death he neither intends nor
knows himself to be likely to cause, such an act committed by the offender shall be liable for qatl-i-amd.

Following sections of the PPC deal further with the offence in increased detail.

Scotland[ edit ]

Culpable homicide is committed where the accused has caused loss of life through wrongful conduct, but where there was no intention to kill or “wicked recklessness”. [5] It is an offence under common law and is roughly equivalent to the offence of manslaughter in English law .

While the offence charged remains the same there can be a great variation between individual cases including whether or not the act was voluntary or involuntary:

  • Voluntary culpable homicide is homicide where the mens rea for murder is present but mitigating circumstances reduce the crime to culpable homicide.
  • Involuntary culpable homicide is homicide where the mens rea for murder is not present but either the independent mens rea for culpable homicide is present, or the circumstances in which death was caused make it culpable homicide. Involuntary culpable homicide may arise in the context of an unlawful act or a lawful act. The mens rea requirement is different in each case.

Singapore[ edit ]

“Culpable homicide” is: Whoever causes 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 the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. [6]

Examples[ edit ]

  • Person A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Person Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.
  • A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.

South Africa[ edit ]

“Culpable homicide” has been defined (in South African law ) simply as “the unlawful negligent killing of a human being”, the rough equivalent of involuntary manslaughter in Anglo-American law. [7]

See also[ edit ]

Look up culpable homicide in Wiktionary, the free dictionary.
  • Justifiable homicide
  • Homicide
  • Murder
  • Manslaughter
  • Infanticide
  • Corporate Manslaughter and Corporate Homicide Act 2007
  • Criminal Code (Canada)

References[ edit ]

Footnotes[ edit ]

  1. ^ Criminal Code, RSC 1985, c C-46, s 222.
  2. ^ Criminal Code, RSC 1985, c C-46, s 34.
  3. ^ Section 299 – Indian Penal Code, 1860
  4. ^ Section 304 – Indian Penal Code, 1860
  5. ^ Scottish Government – “Information for Bereaved Families and Friends Following Murder or Culpable Homicide” (

    ISBN   0-7559-4304-X )

  6. ^ “Penal Code” . Singapore Statutes Online. Attorney-General’s Chambers of Singapore. Retrieved 3 January 2017.
  7. ^ S v. Naidoo and Others , Supreme Court of Appeal of South Africa , Case 321/2001

Notations[ edit ]

  • Strathclyde University Scots law course
  • CanLII – Canadian Legal Information Institute

Retrieved from ” https://en.wikipedia.org/w/index.php?title=Culpable_homicide&oldid=861625864 ”
Categories :

  • Canadian law
  • Criminal law legal terminology
  • Culpable homicide
  • Sections of the Indian Penal Code
  • Scottish criminal law
  • South African law

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      • This page was last edited on 28 September 2018, at 19:58 (UTC).
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        additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy . Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc. , a non-profit organization.
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      Culpable homicide

      From Wikipedia, the free encyclopedia

      Jump to navigation
      Jump to search

      Criminal law
      Elements
      • Actus reus
      • Mens rea
      • Causation
      • Concurrence
      Scope of criminal liability
      • Complicity
      • Corporate
      • Vicarious
      Severity of offense
      • Felony
      • Infraction (also called violation)
      • Misdemeanor
      Inchoate offenses
      • Attempt
      • Conspiracy
      • Incitement
      • Solicitation
      Offence against the person
      • Assassination
      • Assault
      • Battery
      • Child abuse
      • Criminal negligence
      • Defamation
      • False imprisonment
      • Harassment
      • Home invasion
      • Homicide
      • Intimidation
      • Kidnapping
      • Manslaughter  ( corporate )
      • Mayhem
      • Murder
        • corporate
      • Negligent homicide
      • Invasion of privacy
      • Robbery
      • Torture
      Sexual offences
      • Adultery
      • Bigamy
      • Fornication
      • Incest
      • Indecent exposure
      • Masturbation
      • Prostitution
      • Rape
      • Sexual assault
      • Sodomy
      Crimes against property
      • Arson
      • Blackmail
      • Bribery
      • Burglary
      • Embezzlement
      • Extortion
      • False pretenses
      • Fraud
      • Gambling
      • Intellectual property violation
      • Larceny
      • Payola
      • Pickpocketing
      • Possessing stolen property
      • Robbery
      • Smuggling
      • Tax evasion
      • Theft
      Crimes against justice
      • Compounding
      • Malfeasance in office
      • Miscarriage of justice
      • Misprision
      • Obstruction
      • Perjury
      • Perverting the course of justice
      Crimes against the public
      • Apostasy
      • Begging
      • Censorship violation
      • Dueling
      • Illegal consumption (such as prohibition of drugs , alcohol , and smoking )
      • Suicide
      Crimes against animals
      • Cruelty to animals
      • Wildlife smuggling
      • Bestiality
      Defences to liability
      • Automatism
      • Consent
      • Defence of property
      • Diminished responsibility
      • Duress
      • Entrapment
      • Ignorantia juris non excusat
      • Infancy
      • Insanity
      • Justification
      • Mistake  ( of law )
      • Necessity
      • Provocation
      • Self-defence
      Other common-law areas
      • Contracts
      • Evidence
      • Property
      • Torts
      • Wills , trusts and estates
      Portals
      • Criminal justice
      • Law
      • v
      • t
      • e

      Culpable homicide is a categorisation of certain offences in various jurisdictions within the Commonwealth of Nations which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence. Unusually for those legal systems which have originated or been influenced during rule by the United Kingdom , the name of the offence associates with Scots law rather than English law .

      Contents

      • 1 Jurisdictions
        • 1.1 Canada
        • 1.2 India
        • 1.3 Pakistan
        • 1.4 Scotland
        • 1.5 Singapore
          • 1.5.1 Examples
        • 1.6 South Africa
      • 2 See also
      • 3 References
        • 3.1 Footnotes
        • 3.2 Notations

      Jurisdictions[ edit ]

      “Culpable homicide” offences are found in the following jurisdictions; the description of the local version of the offence is given where available:

      Canada[ edit ]

      See also: Murder (Canadian law) § Types of culpable homicide

      In Canada, “culpable homicide” is not itself an offence. Rather, the term is used in the Criminal Code to classify all killings of persons as either culpable or not culpable homicide. [1] There are three types of culpable homicide: murder , manslaughter and infanticide . Killings classified as not culpable are justifiable killings ; thus the term is used to define the criminal intent or mens rea of a killing. Non-culpable homicide includes those committed in self-defence. [2]

      India[ edit ]

      The offences include causing death whether by intention or not.

      Under §299 [3] of the Indian Penal Code (IPC), “[…committer of] Culpable homicide” is defined as “Whoever causes 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 the knowledge that he is likely by such act to cause death, commits the offence of culpable.

      “Culpable homicide not amounting to murder” is punishable under 299 [4] of the Indian Penal Code. It is a non bailable charge with imprisonment up to 10 years with or without fine.

      Pakistan[ edit ]

      The Pakistan Penal Code (PPC) in earlier form included the offence of “culpable homicide” for acts of homicide resulting from the infliction of intentional harm upon a person:

      §299 Culpable homicide

      §301 Culpable homicide by causing death of person other than person whose death was intended

      Amendments in recent years have replaced the specific phrase “culpable homicide” within those sections and introduced terms from Sharia law but it remains in §38 (Persons concerned in criminal act may be guilty of different offences).

      The current equivalent sections are:

      300. Qatl-e-Amd:

      Whoever, with the intention of causing death or with the intention of causing
      bodily injury to a person, by doing an act which in the ordinary course of nature
      is likely to cause death, or with the knowledge that his act is so imminently
      dangerous that it must in all probability cause death, causes the death of such
      person, is said to commit qatl-e-amd.

      301. Causing death of person other than the person whose death was intended:

      Where a person, by doing anything which he intends or knows to be likely to
      cause death, causes death of any person whose death he neither intends nor
      knows himself to be likely to cause, such an act committed by the offender shall be liable for qatl-i-amd.

      Following sections of the PPC deal further with the offence in increased detail.

      Scotland[ edit ]

      Culpable homicide is committed where the accused has caused loss of life through wrongful conduct, but where there was no intention to kill or “wicked recklessness”. [5] It is an offence under common law and is roughly equivalent to the offence of manslaughter in English law .

      While the offence charged remains the same there can be a great variation between individual cases including whether or not the act was voluntary or involuntary:

      • Voluntary culpable homicide is homicide where the mens rea for murder is present but mitigating circumstances reduce the crime to culpable homicide.
      • Involuntary culpable homicide is homicide where the mens rea for murder is not present but either the independent mens rea for culpable homicide is present, or the circumstances in which death was caused make it culpable homicide. Involuntary culpable homicide may arise in the context of an unlawful act or a lawful act. The mens rea requirement is different in each case.

      Singapore[ edit ]

      “Culpable homicide” is: Whoever causes 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 the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. [6]

      Examples[ edit ]

      • Person A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Person Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.
      • A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.

      South Africa[ edit ]

      “Culpable homicide” has been defined (in South African law ) simply as “the unlawful negligent killing of a human being”, the rough equivalent of involuntary manslaughter in Anglo-American law. [7]

      See also[ edit ]

      Look up culpable homicide in Wiktionary, the free dictionary.
      • Justifiable homicide
      • Homicide
      • Murder
      • Manslaughter
      • Infanticide
      • Corporate Manslaughter and Corporate Homicide Act 2007
      • Criminal Code (Canada)

      References[ edit ]

      Footnotes[ edit ]

      1. ^ Criminal Code, RSC 1985, c C-46, s 222.
      2. ^ Criminal Code, RSC 1985, c C-46, s 34.
      3. ^ Section 299 – Indian Penal Code, 1860
      4. ^ Section 304 – Indian Penal Code, 1860
      5. ^ Scottish Government – “Information for Bereaved Families and Friends Following Murder or Culpable Homicide” (

        ISBN   0-7559-4304-X )

      6. ^ “Penal Code” . Singapore Statutes Online. Attorney-General’s Chambers of Singapore. Retrieved 3 January 2017.
      7. ^ S v. Naidoo and Others , Supreme Court of Appeal of South Africa , Case 321/2001

      Notations[ edit ]

      • Strathclyde University Scots law course
      • CanLII – Canadian Legal Information Institute

      Retrieved from ” https://en.wikipedia.org/w/index.php?title=Culpable_homicide&oldid=861625864 ”
      Categories :

      • Canadian law
      • Criminal law legal terminology
      • Culpable homicide
      • Sections of the Indian Penal Code
      • Scottish criminal law
      • South African law

      Navigation menu

      Personal tools

      • Not logged in
      • Talk
      • Contributions
      • Create account
      • Log in

      Namespaces

      • Article
      • Talk

      Variants

        Views

        • Read
        • Edit
        • View history

        More


          Navigation

          • Main page
          • Contents
          • Featured content
          • Current events
          • Random article
          • Donate to Wikipedia
          • Wikipedia store

          Interaction

          • Help
          • About Wikipedia
          • Community portal
          • Recent changes
          • Contact page

          Tools

          • What links here
          • Related changes
          • Upload file
          • Special pages
          • Permanent link
          • Page information
          • Wikidata item
          • Cite this page

          Print/export

          • Create a book
          • Download as PDF
          • Printable version

          Languages

          • ਪੰਜਾਬੀ
          • සිංහල
          Edit links

          • This page was last edited on 28 September 2018, at 19:58 (UTC).
          • Text is available under the Creative Commons Attribution-ShareAlike License ;
            additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy . Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc. , a non-profit organization.
          • Privacy policy
          • About Wikipedia
          • Disclaimers
          • Contact Wikipedia
          • Developers
          • Cookie statement
          • Mobile view
          • Wikimedia Foundation
          • Powered by MediaWiki

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