Culpable Homicide and Murder under IPC
Culpable Homicide vs. Murder under IPC
1. Meaning of Homicide
Homicide means the killing of a human being by another human being.
It can be:
Lawful (justifiable/authorized, e.g., self-defense, execution by law)
Unlawful (culpable homicide, murder)
2. Culpable Homicide (Section 299, IPC)
Definition:
Whoever causes death by doing an act:
With intention of causing death, or
With 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.
➡️ Thus, intention or knowledge is essential.
Example:
If ‘A’ strikes ‘B’ with a stick, intending to cause bodily injury likely to cause death, and ‘B’ dies → it is culpable homicide.
3. Murder (Section 300, IPC)
Definition:
Culpable homicide is murder, if the act is done with:
Intention of causing death, OR
Intention of causing bodily injury sufficient in the ordinary course of nature to cause death, OR
Intention of causing bodily injury, and the injury inflicted is sufficient to cause death of that person, OR
Knowledge that the act is so imminently dangerous that it must, in all probability, cause death, and it is committed without excuse.
➡️ Thus, all murders are culpable homicide, but not all culpable homicides are murder.
4. Difference Between Culpable Homicide and Murder
| Basis | Culpable Homicide (Sec. 299) | Murder (Sec. 300) |
|---|---|---|
| Gravity | Less serious | Most serious |
| Intention | Death may or may not be intended | Clear intention/knowledge to cause death |
| Degree | Lower degree of probability of death | Higher degree – almost certain death |
| Punishment | Sec. 304 IPC: Life imprisonment/10 years + fine | Sec. 302 IPC: Death penalty or life imprisonment + fine |
5. Exceptions under Section 300 (When Culpable Homicide is NOT Murder)
Even if ingredients of murder are present, it will be reduced to culpable homicide not amounting to murder if:
Grave and sudden provocation
Exceeding right of private defense
Act of public servant exceeding powers in good faith
Sudden fight, heat of passion, no premeditation
Consent of the deceased (above 18 years)
➡️ In these cases, the offence is punished under Section 304 IPC, not Section 302.
6. Case Laws
Culpable Homicide
Reg. v. Govinda (1876)
Accused knocked down his wife, delivered a few blows, causing her death.
Held: Not murder, but culpable homicide not amounting to murder → because intention to cause death was absent.
State of Andhra Pradesh v. R. Punnayya (1976)
Supreme Court: Explained the thin line between culpable homicide and murder.
“Culpable homicide is genus, murder is species.”
K.M. Nanavati v. State of Maharashtra (1962)
Accused shot wife’s lover in a fit of anger (sudden provocation).
Held: Culpable homicide not amounting to murder (Exception 1 to Section 300).
Murder
Virsa Singh v. State of Punjab (1958)
Single spear blow on abdomen → death.
Held: Murder, because the injury was intentional and sufficient in ordinary course of nature to cause death.
State of Rajasthan v. Kanhaiya Lal (2019)
Accused poured petrol and set deceased on fire.
Held: Murder under Section 302 – clear intention to cause death.
State of M.P. v. Saleem (2005)
Reiterated difference between Section 299 and 300.
If intention + sufficient injury → Murder; else Culpable homicide.
7. Punishment
Murder (Sec. 302) → Death penalty or life imprisonment + fine
Culpable homicide not amounting to murder (Sec. 304) →
Part I: Life imprisonment / up to 10 years + fine (if intention present)
Part II: Up to 10 years / fine / both (if only knowledge present)
✅ In short:
Every murder is culpable homicide, but every culpable homicide is not murder.
The difference lies in the degree of intention/knowledge.
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