EFFICACY OF CULPABLE HOMICIDE AMOUNTING OR NOT AMOUNTING MURDER: AN INDIAN EXPERIENCE

Hiteshkumar Thakkar (Gujarat National Law University, Gandhinagar)
Jeet J Bhatt (Advocate, Gujarat High Court, L.L.M. (University of London))
Krishna Agarwal (BA LLB Student (2019-24 Batch), Gujarat National Law University, Gandhinagar)

Abstract

The Indian Penal Code has broadly divided the offences of homicide into types- Culpable homicide amounting to murder (CHAM) and Culpable homicide not amounting to murder (CHNAM). The punishments of CHAM is more severe as compared to culpable homicide not amounting to murder. The Indian Judiciary has decided plethora of cases in this arena but still there exists confusion in the classification of the offence as CHAM and culpable homicide not amounting to murder. This is because, the factors classifying such offences are very subjective and often the Courts adopt for a holistic approach. The researchers through more than three-hundred judgments, using statistical tools have tried to ascertain the factors taken into account while classifying the offences as CHAM and culpable homicide not amounting to murder.

Keywords: Culpable homicide amounting to murder (CHAM), Culpable homicide not amounting to murder (CHNAM), Indian Judiciary, Indian Penal Code

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