The word ‘homicide’ comes from the Latin term, homo which means ‘man’ and cido which means ‘to cut or kill’. Thus, homicide means the killing of a human being, by a human being. Section 45 and 46 of IPC define ‘life’ and ‘death’, which means the life and death of a human being. Homicide, according to Walker,[1] is the generic term for the causing, or accelerating the death of a human being by another human being. It raises difficult problems of responsibility and of liability to criminal sanctions.
Homicide is unlawful when death is caused by an intentional act, or by an intentional omission amounting to culpable negligence in discharging one’s duty or accidentally by an unlawful act. All unlawful homicide is (a) either the results of unjustifiable, inexcusable intentional violence, or (b) the results of an unlawful act, or (c) the results of carelessness in doing the act lawful or unlawful or of an omission to perform a legal obligation.
In this paper researcher will first analyse the concept of ‘culpable homicide’ in detail. The distinction between culpable homicide and murder as well as between culpable homicide and causing death by negligence would also be looked into. Then, the researcher will look into the new methods of causing death, in the sense that whether they are covered under the definition of ‘culpable homicide’ or not. If not, the reason for exclusion would also be examined. The recent trends and development of such ‘causing of death’ would also be analysed. Finally, the researcher would make certain recommendations in that regard.
[1] Oxford Companion to Law (1980 Ed.) 579.
