These concepts of culpable homicide vs. murder stand at the pinnacle of criminal law because the former is so often mischaracterized due to being very similar. The former presents circumstances wherein a death occurs without anyone's intention, while the latter applies when the murder is committed with intent.  Further, such crimes have different degrees of punishment owing to the severity of their approaches. This awareness concludes it is possible as to whether a case comes under murder or culpable homicide, where the intent to kill may or may not be really direct and decisive. 

This article describes the basics of both culpable homicide and murder, its legal meanings, distinctions, punishments, and landmark judgments.

What is Culpable Homicide?

Homicide is understood to mean the killing of a human being, caused by some other person; culpable homicide commonly refers to the situation when a person dies because of the act of some other person whatsoever. 

It is governed under Section 299 of the Indian Penal Code (IPC). The concept of culpable homicide revolves around the intention and knowledge of the act leading to the death.

Culpable homicide could be classified into two categories: 

• culpable homicide amounting to murder and 

• culpable homicide not amounting to murder.

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Qualifying Character for Culpable Homicide

For an offense to be termed culpable homicide, the following provisions must first be satisfied:

• The act must be with the intent: The mental state required would exclude the option to avoid guilt as long as it has the requisite intent.

• Knowledge of probable risk of death: The accused is to be under some impression that his acts could lead to death or grievous injury that could likely result in death, yet he acted with such intent.

• Act in direct or indirect cause: There needs to be an immediate cause and effect put into place before then. 

1. Culpable Homicide Amounting to Murder:

Where one such act causes the death of another person, and such an act fulfills all the conditions outlined in Section 299, and the intent or knowledge therein is so intense that it meets the requirements of Section 300 (Murder), it should be considered culpable homicide amounting to murder.

Such a type of culpable homicide meets out the same punishment as murder, in that the intention behind the act can be equated to that of murder.

2. Culpable Homicide Not Amounting to Murder:

It happens when the intent or knowledge beyond any standard is not such as to qualify the act as murder under Section 300.

In other cases, the charge of murder may be lowered to that of culpable homicide not amounting to murder; those are homicide provoked by sudden provocation, those in excess of private defense, and those not premeditated.

Examples:

#1. Culpable Homicide Amounting to Murder: A person fires a gun at a victim intended to kill that person, resulting in that victim's death.

#2. Culpable Homicide Not Amounting to Murder: A driver, mad with rage, runs over a pedestrian in the road, but without any intent to kill. The pedestrian dies from the accident. 

What is Murder?

Murder is the deadliest form of homicide. The offender commits the offence with a clear and deliberate intent to cause death or grievous bodily harm so as to cause death. According to this, the act can be stated as provided under Section 300 of the IPC. For an act to be murder, it must specifically exhibit character that distinguishes it from culpable homicide.

Qualifying Character for Murder:

• Intention to Cause Death: The attacker must intend to cause the death of another human being.

• Inflicting Fatal Injuries: The act should cause such bodily injury that is likely to cause death

• Knowledge of the Outcome: The attacker should know that his actions are bound to cause death or result in fatal injuries.

• Absence of Legal Justification: The act should be unlawful and not justified on any legal or moral grounds.

Examples:

#1. A person stabs his rival with multiple incidents of intent to kill that person, and the person dies due to the injuries inflicted by the attack.

#2. A person commits poisoning on another person's drink with the single aim of killing him, and that person eventually dies.

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Punishment 

The Indian Penal Code 1908 section deals with the punishments for both culpable homicide and murder separately because of the difference between the two crimes in terms of intensity.

Punishment for Culpable Homicide:

1. Culpable Homicide Amounting to Murder

Section 302 IPC mentions death or imprisonment for life with a fine for committing culpable homicide amounting to murder.

2. Culpable Homicide Not Amounting to Murder: 

Section 304 of the IPC has bifurcated it into two parts:

• Part I: Where if the act is done with the intention to cause death, the punishment ranges from life imprisonment to imprisonment for a period not exceeding ten years and may extend to a fine.

• Part II: An act committed with the knowledge of its probable result of causing death but without a desire or intent to cause death may be punished with imprisonment for ten years or with a fine.

Punishment for Murder

Murder, according to the provisions of Section 302 of the IPC, is punished with death or imprisonment for life with fine. The quantum of punishment is within the discretion of the court and depends upon the facts of the case and the question of whether or not it falls within the "rarest of rare" doctrine.

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Points Of Difference Between Culpable Homicide & Murder

More gulf lies between the two-the difference between culpable homicide and murder-reposes more on the intent, seriousness, and circumstances of the act. Both the crimes involve illegal killing of a human being. In reality, though, legal categorization and their punishment differs. Here is an elaborative comparison:

1. Legal Definition

• Culpable Homicide (Section 299 of the IPC): "Causing death by doing an act with the intention or knowledge that such act is likely to cause harm.".

• Murder (Section 300 of the IPC): It is more specifically a culpable homicide committed with the deliberate intention to cause death or bodily injury sufficient to cause death.

2. Intent

• Culpable Homicide: The intent to cause death may or may not be so direct or whole. It might include cases where the person acts with knowledge that death is a likely result, but without a definite intention to kill.

• Murder: Murder implies a clear and settled determination or intent to commit the act. Here again, the intent of causing death or grievous bodily injury that is likely to result in death exists. Again, the intent is more precise and clear.

3. Degree of Severity

• Culpable Homicide: It is not as serious a crime as murder because it may embrace acts that are committed under circumstances that reduce the moral culpability of the offender, such as sudden provocation or absence of premeditation.

• Murder: Murder is considered a more heinous crime because it involves a higher degree of malice, premeditation, and definite intent to kill.

4. Punishment

• Culpable Homicide: Strictly liable under Section 304 of the IPC with imprisonment which should range up to ten years or even life, depending on the gravity and character of the crime.

• Murder: Strictly liable under Section 302 of the IPC with either capital punishment or with life imprisonment coupled with a further fine. The punishment is stiffer because it was a conscious act.

5. Circumstances of the Act

• Culpable Homicide: It may occur where there is a sudden provocation, or in the exercise of private defence, or where the wrongdoer had no intent to kill with deliberation.

• Murder always involves circumstances where there is a calculated and deliberate intention to kill or cause grievous harm.

6. Classification Under IPC

• Culpable Homicide Not Amounting to Murder: Such an act is held to be committed when all the ingredients of murder are not present, yet the likelihood of death is still present.

• Culpable Homicide Amounting to Murder: In case all the ingredients of murder are present and reflected through the actions of the offender, they are classified as murder.

Difference Between Culpable Homicide and Murder in Tabular Format

Now that we know the difference between culpable homicide and murder, let us do a quick recap of the key differences in the table below –

FactorsCulpable HomicideMurderDefinitionCausing death with the intention or knowledge that it may result in deathCausing death with the definite intention to kill or cause grievous bodily harmSectionIPC Section 299IPC Section 300SeverityLess severe than murderMore severe with stricter legal implicationsIntentIntent may not be direct or definiteClear and direct intent to killPunishmentLesser punishment under Section 304 of IPCSevere punishment under Section 302 of IPCNature of ActThis can be unintentional with knowledgeAlways involves an intention to cause death

Landmark Cases for Culpable Homicide

1. K.M. Nanavati vs. State of Maharashtra (1962):

 It is a landmark, where the court differentiated between culpable homicide and murder and formulated correct judgments related to the meaning of these crimes.

2. Reg. vs. Govinda (1876): 

This is one of the landmark judgments in the Indian judicial system while distinguishing culpable homicide from murder based on the intention and the knowledge of the accused.

Landmark Cases for Murder

1. Bachan Singh v. State of Punjab, 1980:

 It established the principle of "rarest of rare," under which a death sentence would be awarded for murder, thus guiding the judicial thought process in matters of capital punishment.

2. Virsa Singh v. State of Punjab, 1958: 

The case resolved exactly what murder means as defined under Section 300, and that intent is the basic determinative factor in the commission of a crime.

Conclusion

In conclusion, culpable homicide and murder, although not different in the general aspect of causing another's life, would gain some definite features regarding the legal definition of a crime, which must be taken into consideration in determining the appropriate punishment to be given to the perpetrator. In other instances, some differences may arise depending on whether intention or malice aforethought finds indeed no place in such a kind of homicide, and clarity of understanding will become a prerequisite to settle for a crime deserving its level of punishment. 

Difference Between Culpable Homicide & Murder FAQs

1. What is the basic difference between culpable homicide and murder?

The difference lies based on mens rea and modus operandi. Murder has an express desire to kill; culpable homicide may not have such a clear mens rea.

2. Can one say that culpable homicide is nothing but murder?

Yes; if the act described considers all of the elements mentioned in Section 300, culpable homicide can encompass murder.

3. Who are the top criminal lawyers in India?

Harish Salve, Pinky Anand, T.S. Tulsi, Gopal Subramaniam, and Fali S. Nariman are some of the top criminal lawyers in India.

4. What reduces a murder charge to culpable homicide not amounting to murder?

Sudden provocation, self-defense, absence of premeditation, etc., are the factors that lead to the dilution of the charge of murder to one of culpable homicide not amounting to murder.

5. What is the "rarest of rare" doctrine in murder cases?

The "rarest of the rare" doctrine permits the death sentence in murder cases that are deserving of it on the grounds of extreme cruelty and brutality, as stated in Bachan Singh vs. State of Punjab.