To a layman, anything that involves the murder of any other being can amount to murder; However, the legal system and anyone who knows the law well understands that the term “murder” may not be appropriate in all cases that involve killing. A less commonly used term, “manslaughter,” also denotes an act in which the murder of someone is involved. However, very few are really able to understand the clear difference between murder and manslaughter. There is a very thin line that distinguishes between murder and manslaughter. Here you will find everything you need to know about the difference between the two acts; murder and manslaughter.
Before understanding murder, it is important to understand manslaughter.
Culpable homicide
The term “guilty” comes from the Latin term “culpe.” The Latin term “Culpe” means punishment. The term homicide has its origins in the Latin term “Homo + cida” which literally means “human being + kill.”
Section 299 of the Indian Penal Code of 1860 talks about culpable homicide. Section 299 of the Indian Penal Code of 1860 literally reads:
“Whoever causes death by carrying out an act with the intention to cause death or with the intention of causing bodily injury likely to cause death, or with the knowledge that he is likely to cause death by such act, commits the crime of culpability”. homicide.”
The essential elements of Section 299 of the IPC are:
- causing death
- doing the deed
- Intention to cause death
- knowledge of the act
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Now let’s move on to understand the most common term between the two i.e. “Murder”.
Murder
The term murder comes from the Germanic term “morth”, which actually means covert murder. Murder can be defined as the killing of a person by another person or a group of people, who have the deliberate intention of taking their life. In murder, the “mens rea”, or a guilty mind, is an important element. Murder can best be understood as an aggregate type of manslaughter.
The essential elements of Murder are:
- causing death
- doing an act
- Knowledge of an act.
The murder is mentioned under sections 300 and 302 of the Indian Penal Code.
Difference between murder and manslaughter
| Basis of distinction | Murder | Culpable homicide |
| IPC Sections | Section 300 and Section 302 | Articles 299 and 304 |
| Meaning | Anyone who performs a particular act that leads to the death of another with sufficient intent to cause that person’s death. | Whoever causes the death of another person through an act that may lead to the death of another person. |
| Section Essentials |
The essential elements that constitute “murder” are:
|
The essential elements that constitute “murder” are:
|
| Objective of the event | The objective is to cause death. | The purpose is likely to cause death. |
| Types of act | Murder can be of many types, these include: first/second/third degree murder and voluntary/involuntary manslaughter. | Manslaughter can be both legal and illegal. |
| knowledge of the act | Mandatory | Knowledge that the act can cause death. |
| Degree of intention of the act. | Enough | Less |
| Punishment | Life sentence or life sentence | Prison of 10 years with/without fine, or life imprisonment. |
Difference between murder and manslaughter
In the eyes of the law, all murders are punishable, but it is important to note that not all homicides fall under the ambit of “murder.” The distinction between murder and manslaughter can best be expressed through the popular explanation that says: “Every murder is a manslaughter, but every manslaughter is not necessarily a murder.
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Categories: Optical Illusion
Source: ptivs2.edu.vn