Judicial Dictionary - M

Judicial Dictionary


Legislative Dictionary


Murder

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CategoryM
TitleMurder
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Murder is the intentional killing of a human being. It includes causing serious physical injury leading to the death of a human being. Murder is the unlawful killing of a human being with deliberate intent to kill: (a) murder in the first degree is characterized by premeditation; (b) murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.

Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or—

Secondly.—If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or—

3rdly.—If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or—

4thly.—If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. [Section 300 of the Penal Code, 1860]

All murders are culpable homicides but all culpable homicides are not murder. Excepting the General Exceptions attached to the definition of murder an act committed either with certain guilty intention or with certain guilty knowledge constitutes culpable homicide amounting to murder. If the criminal act is done with the intention of causing death then it is murder clear and simple – If death is likely result of the injuries it is culpable homicide not amounting to murder; and if death is the most likely result, then it is murder. [The State vs. Tayeb Ali (7 BLD 265 AD)]

See, Sections 299, 300 (exceptions 1 to 5), 301 and 302.

Created OnApril 30, 2011, 5:45 AM
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