Editing Culpable homicide (section)

==Jurisdictions==
"Culpable homicide" offences are found in the following jurisdictions; the description of the local version of the offence is given where available:

===Canada===
{{see also|Homicide (Canadian law)#Culpability}}
In Canada, "culpable homicide" is not itself an offence.  Rather, the term is used in the [[Criminal Code (Canada)|Criminal Code]] to classify all killings of persons as either culpable or not culpable homicide.<ref>[http://laws-lois.justice.gc.ca/eng/acts/C-46/page-121.html#h-76 Criminal Code, RSC 1985, c C-46, s 222.]</ref> There are three types of culpable homicide: [[murder]], [[manslaughter]] and [[infanticide]]. Killings classified as not culpable are [[justifiable homicide|justifiable killings]]; thus the term is used to define the criminal intent or ''[[mens rea]]'' of a killing. Non-culpable homicide includes those committed in self-defence.<ref>[http://laws-lois.justice.gc.ca/eng/acts/C-46/page-14.html#h-9 Criminal Code, RSC 1985, c C-46, s 34.]</ref>

===India===
The offences include causing death whether by intention or not.

* Under §299<ref>[http://devgan.in/ipc/section/299/ Section 299 - Indian Penal Code, 1860]</ref> of the [[Indian Penal Code]] (IPC), "[...committer of] Culpable homicide" is 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." "Culpable homicide not amounting to murder" is punishable under section 304 of IPC<ref>[http://devgan.in/ipc/section/304/ Section 304 - Indian Penal Code, 1860]</ref> of the Indian Penal Code. It is a non bailable charge with imprisonment up to 10 years with or without fine.

===Pakistan===
The [[Pakistan Penal Code]] (PPC) in earlier form included the offence of "culpable homicide" for acts of homicide resulting from the infliction of intentional harm upon a person:

{{quote|§299 Culpable homicide

§301 Culpable homicide by causing death of person other than person whose death was intended}}

Amendments in recent years have replaced the specific phrase "culpable homicide" within those sections and introduced terms from [[Sharia]] law but it remains in §38 (Persons concerned in criminal act may be guilty of different offences).

The current equivalent sections are:

{{quote|300. Qatl-e-Amd:

Whoever, with the intention of causing death or with the intention of causing
bodily injury to a person, by doing an act which in the ordinary course of nature
is likely to cause death, or with the knowledge that his act is so imminently
dangerous that it must in all probability cause death, causes the death of such
person, is said to commit qatl-e-amd.

301. Causing death of person other than the person whose death was intended:

Where a person, by doing anything which he intends or knows to be likely to
cause death, causes death of any person whose death he neither intends nor knows himself to be likely to cause, such an act committed by the offender shall be liable for qatl-i-amd.}}

Following sections of the PPC deal further with the offence in increased detail.

===Scotland===
Culpable homicide is committed where the accused has caused loss of life through wrongful conduct but where there was no intention to kill or "wicked recklessness".<ref>[https://www2.gov.scot/Publications/2004/12/20339/47562 Scottish Government - "Information for Bereaved Families and Friends Following Murder or Culpable Homicide"] {{Webarchive|url=https://web.archive.org/web/20180109013843/http://www.gov.scot/Publications/2004/12/20339/47562 |date=9 January 2018 }} ({{ISBN|0-7559-4304-X}})</ref> It is an offence under [[common law]] and is roughly equivalent to the offence of [[manslaughter in English law|manslaughter in the law of England and Wales]].

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 circumstance]]s 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.<!--

Failed bills generally aren't notable: Culpable Homicide (Scotland) Bill <ref>{{cite web |url=https://www.parliament.scot/parliamentarybusiness/Bills/110169.aspx |title=Proposed Culpable Homicide (Scotland) Bill |author=Scottish Parliament|date=6 February 2020 |access-date=2020-05-05|quote=...&nbsp;to amend the law of culpable homicide to ensure that where loss of life is caused by the recklessness or gross negligence of individuals, companies or organisations&nbsp;...}}</ref> was introduced to the Scottish Parliament on 1 June 2020; the bill fell on 21 January 2021.<ref>{{Cite web|url=https://www.parliament.scot/bills-and-laws/bills/culpable-homicide-scotland-bill|title=Culpable Homicide Scotland Bill}}</ref> The bill's intention was to create statutory culpable homicide offences relating to recklessness and gross negligence in addition to the common law offence. -->

===Singapore===
"Culpable homicide" is: 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.<ref>{{cite web|title=Penal Code|url=http://statutes.agc.gov.sg/aol/search/display/view.w3p;ident=e0cdffde-1bad-496f-ac34-f53085ba7e9e;page=0;query=DocId%3A%22025e7646-947b-462c-b557-60aa55dc7b42%22%20Status%3Ainforce%20Depth%3A0;rec=0|website=Singapore Statutes Online|publisher=Attorney-General's Chambers of Singapore.|access-date=3 January 2017|archive-date=3 January 2017|archive-url=https://web.archive.org/web/20170103235656/http://statutes.agc.gov.sg/aol/search/display/view.w3p;ident=e0cdffde-1bad-496f-ac34-f53085ba7e9e;page=0;query=DocId%3A%22025e7646-947b-462c-b557-60aa55dc7b42%22%20Status%3Ainforce%20Depth%3A0;rec=0|url-status=dead}}</ref>

====Examples==== 
* Person ''A'' lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Person ''Z'', believing the ground to be firm, treads on it, falls in and is killed. ''A'' has committed the offence of culpable homicide.
* ''A'' knows ''Z'' to be behind a bush. ''B'' does not know it. ''A'', intending to cause, or knowing it to be likely to cause ''Z''’s death, induces ''B'' to fire at the bush. ''B'' fires and kills ''Z''. Here ''B'' may be guilty of no offence; but ''A'' has committed the offence of culpable homicide.

===South Africa===
"Culpable homicide" has been defined (in [[South African law]]) simply as "the unlawful negligent killing of a human being", the rough equivalent of [[involuntary manslaughter]] in Anglo-American law.<ref>[http://www.justice.gov.za/sca/judgments%5Csca_2002/2001_321.pdf S v. Naidoo and Others] {{Webarchive|url=https://web.archive.org/web/20140912162223/http://www.justice.gov.za/sca/judgments%5Csca_2002/2001_321.pdf |date=12 September 2014 }}, [[Supreme Court of Appeal of South Africa]], Case 321/2001</ref>