Culpable homicide is considered murder, if the act is done with the intention of causing death. If the culprit committing the act knows that his or her act can be immensely dangerous and in all probability can causes death and commits such act without any excuse, that person is charged against attempt to murder in Section 300 in Indian Penal Code .
Section 300 in the Indian penal code describes illustrations as mentioned below:
- a) If A shoots Z having an intention of killing him or her and Z dies consequently, then A is committing murder.
- b) if A is well-aware that Z is suffering from a disease that a blow can cause death for him or her, strikes him for causing bodily injury, and Z dies consequently, then A is of guilty of murder.
- c) Any act performed by A with an intention to kill Z and Z dies in consequences of that, A is committing murder.
In other words, anyone who does any act having intention or knowledge, and that act cause death, he would be guilty is to be punished with imprisonment to ten years and fine too.
In a gist, the essential elements of the offence of murder charges or culpable homicide include the following:
- That death of a person was caused
- By an act having intention of causing death
- By an act with the intention of causing some bodily injury leading to death
- By an act being aware that the act was likely to cause death
Whereas, culpable homicide is punishable for life, murder is punishable with imprisonment or death for life and fine is applicable in both cases.