Understanding the intent, severity, and punishment for offences affecting life.
Culpable homicide vs Murder (SECTION 100-101) are stated as both offences affecting life under the law, but they differ in intent, severity, and legal consequences. While all murders are culpable homicides, not all culpable homicides amount to murder. The distinction lies in the degree of intent and the circumstances in which the act is committed.
| Criteria | Culpable Homicide | Murder |
| Feature | Involves causing death with intent, knowledge, or recklessness but lacks the certainty of causing death. | Involves an act committed with full knowledge and intent, where death is a highly probable or certain consequence. |
| Intent | May involve intent, but it is not of the highest degree. Some exceptions reduce culpability, such as grave and sudden provocation. | Clear intent to cause death or such bodily injury that is sufficient in the ordinary course of nature to cause death. |
| Severity | Less severe than murder due to mitigating circumstances like provocation, exceeding self-defence, or consent-based death. | More severe, as it involves deliberate, premeditated, or reckless actions leading to certain death. |
| Punishment | Imprisonment for life or up to 10 years, along with a fine. | Punishable with death or life imprisonment along with a fine. |
| Case Example | Reg. vs. Govinda (1876) – Death caused by injuries that were not sufficient in the ordinary course of nature to cause death, classified as culpable homicide. | K.M. Nanavati vs. State of Maharashtra (1962) – The accused shot his wife’s lover; the Supreme Court ruled it as murder, rejecting the plea of grave and sudden provocation. |
SOURCE – BHARATIYA NYAY SANHITA , 2023: MINISTRY OF HOME AFFAIRS
FAQs
- What is the fundamental difference between culpable homicide and murder?
The primary distinction lies in the intent and knowledge behind the act. Murder involves a deliberate intention to cause death or grievous harm, whereas culpable homicide may lack this specific intent but still results in death due to reckless or negligent actions.
2. Can all culpable homicides be classified as murder?
No, not all culpable homicides amount to murder. While all murders are culpable homicides, the reverse isn’t true. The classification depends on the presence or absence of specific intents and circumstances outlined in legal statutes.
3. Can provocation reduce a murder charge to culpable homicide?
Yes, under certain circumstances, grave and sudden provocation can mitigate a murder charge to culpable homicide not amounting to murder, as it may indicate a lack of premeditated intent.
