What is Criminal Homicide?

The term homicide has been derived from the Latin word 'homo,' which means a human, and 'caedere,' which means to cut or kill. Hence, homicide implies the killing of a human by a human. Homicide since ancient has been considered the most heinous of the crimes.

However, the homicide is not always culpable, and so it has been bifurcated as lawful killing and unlawful killing. The lawful killing is not punishable in law, wherein the unlawful killing is a criminal offense and, thus, punishable.

Criminal homicide is further divided into three categories, and the provisions for the same have been enshrined in the Indian Penal Code, 1860. Under the Indian Penal Code, the homicide that is punishable may be murder, culpable homicide not amounting to murder, or homicide by rash and negligent act.

The difference between these three can be based upon the subtle distinction of intention and knowledge of the party committing it. Knowledge and intention in a crime play an important role and suggest the existence of a positive mental attitude. Both can go together but are different from each other. There may be an intention without knowledge and knowledge without intention. This is the basis of differentiation amongst the various categories of criminal homicide.

Sections 299, 300, and 304A of the Code incorporate provisions for culpable homicide, murder, culpable homicide not amounting to murder, and death by rash and negligent respectively. It is difficult to appreciate the difference between culpable homicide not amounting to murder and murder unless one keeps in mind the meaning and importance of the word "intention" as used in the Code and its purposeful separation from mere knowledge of the likelihood of the consequences. 

Section 300 elucidate the requisites and attributes of murder and culpable homicide not amounting to murder. On the other hand, negligence is considered as an act not done cautiously or an omission of duty by the doer. An act that is done in a rash and negligent is primarily an over-hasty act. It is, however, opposed to the deliberate act. It basically denotes the want of proper care and caution and connotes an overt act with a consequence of risk that evil consequences might follow, but with the hope, it will not happen.

Thus, the concept of criminal homicide as the evilest crime of the human calendar has evolved, and the importance of intention to bifurcate the category of the homicide so that an appropriate punishment be awarded to the wrong-doer.