Difference Between Culpable Homicide and Murder

The crime of killing someone has been the most leading part of a penal statute in all judicial systems across the world from ancient times. Though the act of killing someone is generally understood with a common perspective that it amounts to homicide (killing of a human being) however the Indian Penal Code of 1860 remarks a subtle distinction for its precise definition. The Code provides two types of unlawful homicides which are demarcated as culpable homicide and murder.

Further, prima facie they might seem similar to each other, yet there is a sharp difference between the two which lies in the degree of the act as there is a wide range of degree of intention and knowledge involved in the commission of the crime. Additionally, it is literally accepted that culpable homicide is the genus and murder is the species because every murder is a culpable homicide but every culpable homicide is not murder.

What is the meaning of Culpable Homicide?

Section 299 of the IPC defines the offence of culpable homicide and Section 304 prescribes punishment and fine for it. Culpable Homicide is basically an offence punishable with the highest sentences possible for the acts of a human being with the intention or knowledge that doing such an act or causing an injury would result in death of a person.

The section precisely states that there are three essentials of culpable homicide which are need to be satisfied in entirety −

• Death of a person must have resulted;

• The death of the person must have been caused by an act of another person −

• The act must have been done with the −

• Intention of causing death; or

• Intention of causing bodily injury likely to cause death − or

• Knowing that doing so is likely to result in death.

Thus, it’s not just the physical act (actus reus) but the mental element (mens rea) as well which is crucial to constitute the offence, hence the effect of both the actions must result in causing death which amounts to culpable homicide under the code.

What is the meaning of Murder?

Section 300 of the Indian Penal Code, 1860 describes the offence of murder and Section 302 provides the highest punishment for the offence as available in the country. The section provides that if a culpable homicide is done within four specific circumstances, then it would amount to murder however if it falls within any of the exceptions then it would not amount to murder and would remain culpable homicide only.

The relevant section enumerates that a culpable homicide is murder if it is done with

• The intention of causing death; or

• The intention of causing such bodily injury as the accused knows would cause the death; or

• The intention of causing bodily injury which is sufficient in the ordinary course of nature to cause death; or

• The knowledge that the act is so imminently dangerous as to either cause death or such bodily injury as is likely to cause death without any excuse.

Hence, the knowledge and intention on the part of the accused and as well as the intensity or degree of the action determines the commission of murder.

Difference Between Culpable Homicide and Murder

The tabular form comparison demonstrates the subtle difference between culpable homicide and murder −

Basis	Culpable Homicide	Murder
Ambit	Killing of a human being by a human being is homicide but only unlawful killings are culpable homicide.	Only those culpable homicides which fall within the ambit of 4 clauses of section 300 amounts to murder.
Degree Of Certainty	There is only a probability that the act of the offender would cause the death of the person on whom the harm is inflicted because either there is an intention or knowledge and not both.	There is a certainty that death would be the inevitable result because the act of the offender is committed with intention to cause death along with knowledge that such harm is sufficient to do that.
Exceptions	There is no exception to culpable homicide.	There are five exceptions to murder and if any of the exception criteria is fulfilled then murder is reduced to culpable homicide. These are grave & sudden provocation; private defence; act of public servant; sudden fight and consent.
Gravity	The gravity of the act which results in causing death is less.	The gravity of the act which causes death is extremely high.
Punishment	Imprisonment for ten years or for life and/or Fine.	Life Imprisonment or Death with Fine.

Conclusion

The Indian Penal Code postulates that killing of a human being without any lawful reason is culpable homicide and the higher the gravity of act and seriousness of the intention, the degree of murder increases along with severity of punishment. Thus, it is the intention and knowledge on the part of the Accused which is the determining factor for distinguishing murder from culpable homicide as the law presumes a lesser amount of certainty in the latter about the result of the actions.

Frequently Asked Questions

Are all murders culpable homicide?

Although all types of murders are culpable homicide but all culpable homicides are not murder. Murder is the species, while culpable homicide is the genus, according to the Penal Code. Homicide is not always guilty murder, but vice versa. The IPC's Sections 299 and 300 deal with the definitions of murder and culpable homicide, respectively.

What is an example of culpable homicide?

An intentionally causing death or knowing that death would likely be the result from the act of laying sticks and turf over a pit. Z steps on it, supposing the ground to be solid, falls in, and is fatally injured. A has violated the law by committing responsible homicide. A is aware that Z is hiding behind a bush.