Culpable homicide offences are found in the following jurisdictions; the description of the local version of the offence is given where available :-
Culpable Homicide is an offence under s.299 of the Indian Penal Code (IPC), defined as :- "Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide."
Culpable Homicide not Amounting to Murder is an offence under s.304 of the Indian Penal Code. It applies to an event where the death is intentional but does not come within the IPC definition of Murder.
While the offence charged remains the same there can be a great variation between individual cases including whether or not the act was voluntary or involuntary :- Voluntary culpable homicide is homicide where the mens rea for murder is present but mitigating circumstances reduce the crime to culpable homicide. Involuntary culpable homicide is homicide where the mens rea for murder is not present but either the independent mens rea for culpable homicide is present, or the circumstances in which death was caused make it culpable homicide. Involuntary culpable homicide may arise in the context of an unlawful act or a lawful act. The mens rea requirement is different in each case.
The offence has previously been applied to individual defendants but following the collapse of a trial brought against Transco following the deaths of 4 people in a gas explosion in Larkhall in 1999 and other fatal events involving corporate bodies the Corporate Manslaughter and Corporate Homicide Act 2007 has introduced a new statutary offence of corporate homicide into Scots Law.
Verdict that asks more questions than it answers; Why was the father accused of murdering his two baby sons found guilty of culpable homicide?
Aug 03, 2002; IAN Metcalfe has been convicted of smothering his two sons at the ages of 11 weeks and five months, but two major questions hang...