Student at CT University, Ludhiana, India
Culpable homicide is a foundation concept In criminal law that denotes the unlawful killing of a human being with varying degrees of intention or knowledge. It occupies a nuanced space between lawful acts causing death or murder, making it a critical area for legal interpretation and judicial discretion. Under Indian penal code (IPC), culpable homicide is defined in section 299, while its more severe from murder, is detailed in section 300. The primary discretion lies the degree of intention and premeditation involved In The act. While all murders are culpable homicides, not all culpable homicide amount to murder. The research explores the legal Parameters, interpretive challenges, and practical application of culpable homicide in contemporary criminal Justice system. The study examines how court assess the mental element (mens rea) – and the impact of mitigating circumstances such as provocation, self – defence, and lack of premeditation. It also Highlights how varying interpretation have influenced landmark judgement, often blurring the line between culpable homicide and murder. The paper further investigates the implications of sentencing under section 304 of the IPC, which allows for differentiated punishment based on the degree of culpability. This tiered approach reflects the legal system ‘s efforts to deliver proportional justice by considering Both the act and the actors mindset. In conclusion, culpable homicide represent a vital area in criminal law, demanding a careful and contextual understanding of human behaviour, intention, and consequence. It reflects the legal systems attempt to balance accountability with fairness, ensuring that justice is not only punitive but also equitable. This abstract sets the stage for a deeper investigation into the doctrinal and practical dimensions of culpable homicide with in modern legal frameworks.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 2038 - 2060
DOI: https://doij.org/10.10000/IJLMH.119878This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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