Difference Between Culpable Homicide and Murder

NTRODUCTION TO CULPABLE HOMICIDE AND MURDER:-

Culpable homicide is defined variably according to different scholar’s interpretations in legal journals. Particularly culpable homicide in other words means the act which is done with the knowledge to cause harm and serious hurt, but without the intention to cause death or grievous hurt to someone is known as culpable homicide. Every culpable homicide cannot be listed as murder but every murder is considered as culpable homicide. Culpable homicide works as defense in various murder cases to prove victim innocent. On other side the action taken in form of self-defense cause murder is also considered as culpable homicide. If third party provokes others to take action which can cause death to other person in this scenario without knowledge of causing murder then it falls under culpable homicide.

Murder is defined previously under IPC section 300 and presently under BNS section 101 defines the murder. In which any action deliberately taken to cause death to other person with intention and have knowledge of very fact which cause death to other person is known as murder. Basically when an action taken to cause death or grievous hurt to other person with the proper mens rea in which inflicting bodily harm that the offenders knows can cause fatal is known as murder.[1]

DIFFERENCE BETWEEN CULPABLE HOMICIDE AND MURDER:-

• DEFINITION:-[2]

CULPABLE HOMICIDE:-   culpable homicide is defined under section 100 of Bhartiya Nyaya Sanhita(BNS) 2023, defines that causing the death of another individual through intentional and with proper mensnrea to cause death, where perpetrator has knowledge that their action can cause death or bodily harm is known as culpable homicide.

According to section 100 of BNS 2023 states elements of culpable homicide are:-

1. There should be mens rea and actus reus present in action to cause death of individual by perpetrator.
2. Act done with the intention of causing bodily injury and death.
3. If a person acts with awareness that their actions are likely to cause death to other person.

Culpable homicide was defined under  section 299 of Indian penal code(IPC)1860 defines, whoever causes death by doing an act to cause death or with the knowledge of causing bodily injury as is probably cause death commits the offence of culpable homicide. Even homicides can result from un intention, reckless, negligence, lack of knowledge of act can cause death, act in self-defense which can voluntary cause of death of other person also known as offence under culpable homicide.

MURDER:[3]– murder is defined under section 300 of Indian penal code (IPC) 1860 which defines act done deliberately with the knowledge to cause death of other person is known as murder.

Murder as defined under section 101 of (BNS) 2023, states that act of culpable homicide that occurs or done with intent and specific conditions intent to kills and cause death known as murder.

Elements lead to murder under section 101 of BNS, 2023

1. Intention to cause death
2. Intention to cause bodily injury leads to death
3. Bodily injury sufficient to cause death
4. Knowledge of imminently dangerous act

• PUNISHMENTS:-

CULPABLE HOMICIDE: [4]– under section 105 of BNS, 2023 the punishment for offence of culpable homicide is whoever commit culpable homicide not amounting to death is punished with imprisonment of life or imprisonment of either not less than 5 year and extend up to 10 years with fine and if the death is caused by intentionally of causing death or bodily harm it leads to punishment or imprisonment extend to 10 years with fine.

Under section106 of BNS, 2023 Whoever cause death of any person with neglig9ence or without having knowledge of causing death not amount act of culpable homicide, shall be punished with imprisonment extent up to 5years with fine and if such act done during time of practicing medical procedure leads to punished for imprisonment up to 2years and shall also be liable to pay fine

MURDER: – punishment for murder under section 103 of BNS, 2023 is whoever commit murder shall be punished with life imprisonment or with death with liable to pay fine.

Under section 104 of BNS, 2023 defines whoever being under sentence of life imprisonment, commits; murder shall be punished with death sentence or life imprisonment which shall be remainder of that person’s natural life.

DEGREES OF INTENT:-

CULPABLE HOMICIDE: [5]culpable homicide basically which not amounting to murder is of lower degree like negligence, reckless, self-defense, unknowingly act done?

MURDER: – murder needs high level of intent such as pre meditation or malice aforethought. Due to high degree of intent the punishment of murder is merciless.

SUDDEN PROVOCATION:-

CULPABLE HOMICIDE: – culpable homicide can be result of sudden provocation in few cases or it may occur in heat of the movement between arguments or as a result of sudden quarrels in which perpetrator doesn’t have to intention to cause death to other person.

MURDER: – murder never be result of provocation, the act is always conducted deliberately with mens rea on basis of which actus reus happens.

CASE LAW:-

DATTATRAYA VS. STATE OF MAHARASHTRA [2024] 2 S.C.R.989 [6]

Background of case:

• The incident occurred in 2007, where the appellant has a fight with his pregnant wife and put kerosene on her body while doing household work, which causes 98% of her body, burnt.
• The wife gave dying declaration against appellant.
• Case was registered under provisions of section 307 of IPC, 1860 converted into section 302 of IPC, 1860 and charges imposed under section 316 of IPC.
• Appeal was made before Supreme Court against the trial upheld by Bombay high court.

Courts observations & judgment:-

• The Supreme Court held that while appellant had knowledge of act but didn’t have intention to cause death.
• Court held that the incident was result of sudden fight happens in the heat of the movement and arguments which converts the section 302 to section 304 part II IPC
• The appellant was punished with imprisonment of 10 years under section 304 of IPC.
• Considering the time served in jail with peace, the court ordered the appellants immediate release.
• The supreme court of India directed the appellant’s release.

CONCLUSION:-

The primary distinction between culpable homicide and murder is that of intention of causing bodily harm or cause death. In culpable homicide there are some exceptions which don’t make death of a person without intention of causing death like negligence, sudden provocation, reckless, etc. on other side murder is done deliberately. Murder only consist 1^st level of degree which cause grievous hurt and cause death which result in punishment given of life imprisonment and death. But culpable homicide without the intention of causing death consist 2^nd degree which leads to punishment of up to 10years or life imprisonment with fine.

3^rd degree of culpable homicide results in punishment given of imprisonment of selected time period with fine on basis of sudden provocation etc. There’s doctrine of “transfer of malice” also essential in murder. Here’s the difference between culpable homicide and murder is defined the conclusion that hence every culpable homicide is not considered as murder, but every murder is considered as culpable homicide.

[1] AN OVERVIEW OF HOMICIDE BY MAJ GEN NILENDRA KUMAR, 24^TH SEPT,2018Law Relating to Culpable Homicide & Murder in India. | PPT

[2] BHARTIYA NYAY SANHITA, 2023indiacode.nic.in/bitstream/123456789/20062/1/a2023-45.pdf

[3] INDIAN PENAL CODE, SEC 300, 1860

[4] “Indian Penal Code” by K.D. Gaur

[5] “HOMICIDE: A COMPARATIVE PERSPECTIVE” BY PAUL H ROBINSON

[6] [2024]2 S.C.R.989