Differences between Murder and Culpable Homicide

Firstly, Causing death by doing an act with the knowledge that it  is likely to cause death is culpable homicide under section 299 and causing death by an act known to be imminently dangerous that in all probability cause death or such bodily injury as is likely to cause death is murder.

Secondly, If somebody is caused to death with the intention of killing the person,then it is akways murder

On the otherhand if somebody is caused to death inspite of not having the intention of killing the person,that may be both culpable homicide and murder.

Thirdly, Where there is no intention of killing but the victim falls into death,if it is proved there the accused has killed or hurt the victim in such a way that is most probabale to ensure the cause of death of any person,then it is murder.

On the otherhand, if it is proved that the accused has killed or hurt the victim in such a way that death is a likely result then it is Culpible Homicide.

Fourthly, If it is proved that the victim is like to cause death by the hurt of the accused then it is culpable homicide.

On the otherhand if it is proved that the hurt made by the accused os sufficient in the ordinary course of nature to cause death then it is murder.

Fifthly, the accused person, if it is proved in a particular circumstanc or surrounding , knew that the victim would fall into death naturally then it is murder.

On the otherhand if the accused has no knowledge about that circumstances then it is culpable homicide.

Sixthly, all culpable homocides are not murder but all murders are culpable homocide.

Seventhly, murder is an offence punishable with death or imprisonment for life and fine.

On the otherhand culpable homicide is an offence punishable with imprisonment for life and imprisonment which may extend upto 10 years with fine.

Client Counselling

Client counselling is a vital skill in which the students of law should be trained.  One of the significant functions of a lawyer is to advise the people who seek assistance in knowing the legal implications of their actions.  The lawyer is looked upon to facilitate decision making in certain critical legal matters.  This function of the lawyer influencing and facilitating decisions is called counselling.   

The word 'Counsel' has its origin in the Latin word 'consilium' which means advice. 

According to Blacks' Law Dictionary, counsel means advice and assistance given by one person to another in regard to a legal matter, proposed line of conduct, claim or contention.  As a matter of fact lawyers are also legal counsels.  Counsellor is an attorney; lawyer; member of the legal profession who gives legal advice and handles the legal affairs of client, including if necessary appearing on his or her behalf in civil, criminal or administrative action and proceedings.

The process of counselling has two functions:

1.  To help the person talk about, explore and understand his or her thoughts and feelings and workout that what he or she might do before taking action.

2.  To help the person decide on his or her own solutions.

Lawyers counsel the client in deciding how his problem can be sorted out under the laws.  Legal counselling is the process by which a lawyer communicates advice to a client.

A client is a person, natural or legal who approaches the lawyer for legal assistance.  The word client has its roots in the Latin word 'clients'.  Client is a person using the services of a professional person or organization.. Counselling is the activity in which one person seeks and in one way or another, pays for help from another person.  It is characterized by need on one side of the relationship, by willingness to help on the other, and by and inter personal contract based on mutual attraction. 

Counselling as a professional activity will involve competence and expertise in addition to mere willingness. Legal counselling is fairly considered a 'service' under the Consumer Protection Act, 1986 making the lawyer accountable for deficiency.

In a counselling relationship the client has to open himself to help and the lawyer has to protect the best interests of his client.  Legal interviewing and counselling is what lawyers do in an office where they see clients one or two at a time, with the door close.    Lawyers elicit information from their clients, which information forms the basis for their advice.  Legal counselling can be for litigation or for planning.  Clients may seek advice as to proper legal course of action before Courts or as to estate, tax or business planning.

 What are the main purposes of Opening statement?

There are four main purposes to be accomplished in opening statements:

01.   Present a clear picture of the case, its major events, participants, instrumentalities, disputes and contentions.

02.    Arouse the interest of the judges in your case and general theory so that they want to hear your evidence. If judges become bored (or worse, if they become antagonistic), they may be inattentive while you present your witnesses.

03.   Build rapport with the jurors, speaking to them as intelligent people and communicating your sincere belief in your cause. This continues the process of establishing bonds with judges .

04.   For the defense, the opening statement presents the opportunity to remind the  judges that there will be two sides to the case so they do not make up their minds too soon.