Differences Between Murder and Culpable Homicide

In Indian criminal law, the terms “murder” and “culpable homicide” are often used interchangeably in everyday language, but legally, they have distinct meanings and implications. Both involve causing the death of a person, yet they differ significantly in terms of the mental element (mens rea), the circumstances under which the act is committed, and the severity of the punishment. 

Understanding the Concept of Unlawful Killing

Before diving into the differences, it is important to understand what unlawful killing entails. Homicide broadly means the killing of one human being by another. This killing may be lawful or unlawful.

• Lawful homicide includes cases such as killing in self-defence or during war, where the law permits causing death under certain conditions.
• Unlawful homicide is when the killing is illegal and punishable under criminal law.

Under Indian law, unlawful homicide is categorised mainly into two:

• Culpable homicide (a broader category)
• Murder (a more specific and serious offence within culpable homicide)

Statutory Definitions: Culpable Homicide and Murder

The definitions of culpable homicide and murder are contained in Sections 299 and 300 of the Indian Penal Code, respectively.

Culpable Homicide (Section 299 IPC)

Section 299 defines culpable homicide as causing death:

• With the intention of causing death, or
• With the intention of causing bodily injury likely to cause death, or
• With knowledge that the act is likely to cause death.

This definition is broad and includes any act resulting in death where the perpetrator either intends death or knows that death is likely but does not necessarily have premeditated intent.

Murder (Section 300 IPC)

Section 300 narrows down culpable homicide to murder by adding certain aggravating factors. An act will amount to murder if it is done:

• With the intention to cause death; or
• With the intention of causing bodily injury which the offender knows to be likely to cause death; or
• With the intention of causing bodily injury sufficient in the ordinary course of nature to cause death; or
• Knowing that the act is so imminently dangerous that it must, in all probability, cause death or such bodily injury.

However, there are exceptions in Section 300, which exclude some cases of culpable homicide from being murder, such as when the killing is caused by grave and sudden provocation or in the exercise of a right of private defence.

Mental Element (Mens Rea) Differences

The crucial difference between murder and culpable homicide lies in the mental element or mens rea involved.

In culpable homicide, the offender might not have the specific intent to kill but knows that their actions could likely cause death. In contrast, murder requires a more definite intention to kill or cause serious injury leading to death, often involving some planning or extreme recklessness.

Role of Provocation and Exceptions

Another significant factor distinguishing the two offences is the role of provocation and exceptions provided under the law.

• Culpable homicide not amounting to murder often covers cases where the offender acted in the heat of passion caused by sudden and grave provocation. For instance, a sudden quarrel or fight without premeditation may lead to culpable homicide charges but not murder.
• Murder generally excludes cases involving grave and sudden provocation unless the provocation was so intense that a reasonable person would lose self-control.

Other exceptions include cases where killing occurs during the exercise of private defence or by a person of unsound mind. These exceptions often reduce the offence from murder to culpable homicide.

Legal Punishments: IPC and Bharatiya Nyaya Sanhita

Punishments for murder and culpable homicide differ substantially, reflecting the gravity of each offence.

Under the Indian Penal Code

• If done with knowledge but without intent: Imprisonment up to 10 years, or fine, or both. 

Under Bharatiya Nyaya Sanhita (BNS), 2023

The BNS seeks to modernise criminal laws while largely retaining existing punishments.

With knowledge only: Up to 10 years’ imprisonment and fine. |

Illustrative Examples

To better understand the differences, let us consider some practical scenarios:

• Example of Murder: A person plans to poison a business rival and knowingly administers poison that leads to death. This act is premeditated and done with the intention to cause death, qualifying as murder.
• Example of Culpable Homicide Not Amounting to Murder: Two individuals get into a sudden heated fight. One person strikes the other without intending to kill but causes a fatal injury unintentionally. The killing occurred without premeditation and in the heat of passion, which usually qualifies as culpable homicide not amounting to murder.
• Example of Culpable Homicide Due to Knowledge: A person fires a gun into a crowd recklessly without intending to kill a specific individual but knowing that death is likely to occur. If someone dies, the offence may be culpable homicide not amounting to murder due to lack of specific intent.
  

Summary Table: Differences Between Murder and Culpable Homicide

Here is a summary table highlighting the key differences between Murder and Culpable Homicide Not Amounting to Murder:

Conclusion

In conclusion, the distinction between murder and culpable homicide lies primarily in the degree of intention, knowledge, and circumstances surrounding the act.

• Murder is a specific type of culpable homicide that involves a higher degree of intent or knowledge, often accompanied by aggravating factors like premeditation or cruelty. It attracts the severest punishments, including life imprisonment or death.
• Culpable homicide not amounting to murder covers unlawful killings without the element of premeditated intent or under mitigating circumstances such as sudden provocation. It carries lesser punishments, reflecting its lower degree of moral blameworthiness.