Difference between Culpable Homicide and Murder

- All murders are culpable homicide, but not all culpable homicide are murders.
- Culpable homicide is the genus and murder is its specie (All spiders are insects but not all
insects are spiders)
- Both culpable homicide and murder deal with the killing of a person
- So the distinction is as to whether an act is culpable homicide amounting to murder or culpable
homicide is not amounting to murder.
There are practically three degrees of culpable homicide recognized in the IPC:

1. Culpable homicide of the first degree, which is made punishable with death or imprisonment
for life, to either of which fine may be added (s 302);

2. Culpable homicide of the second degree, which is made punishable with imprisonment up to
a limit of 10 years, or with imprisonment for life, to either of which fine may be added (s
304, Pt I); and

3. Culpable homicide of the third degree, which is punishable with fine only, or with
imprisonment up to a limit of 10 years or with both (s 304, Pt II).

- Thus the true difference between culpable homicide and murder is only the degrees of
intention and knowledge.
- A greater degree of intention and knowledge, the case would fall under murder. A lesser degree
of intention and knowledge, the case would fall under culpable homicide. Culpable homicide
becomes murder due to existence of some special features.
A practical approach to distinguish whether a particular situation would come under murder or
culpable homicide is to appreciate the facts and apply the law in stages as indicated below:

1. The first stage is to establish whether the accused had done an act, which has cause the
death of another person. 2. The second stage is to establish whether the act of the accused
would amount to culpable homicide i.e. it is not a result of some accident or simple hurt etc.

3. Once culpable homicide is established and the particular part of culpable homicide has been
identified, then the next stage is to ascertain whether the act would fall under the respective clause
of 300 because of existence of the special features.

4. It must be checked whether any exceptions of section 300 apply to the case. If not, then the act is
murder but if some exception does apply, then it will go back to section 299 and is called culpable
homicide not amount to murder.
 Culpable homicide (section 299) Murder (section 300)

A person commits culpable homicide, if the act by Subject to certain exceptions, a person
which the death is caused is done: commits murder, if the act by which the
death is caused is done:
a) With the intention of causing death.
1. With the intention of causing death.
b) With the intention of causing such bodily
injury as is likely to cause death. 2. With the intention of causing such
bodily injury, as the offender knows, is likely
to cause the death of that person.

3. With the intention of causing such

c) With the knowledge that the act is likely to
cause death.
bodily injury which is sufficient in the ordinary
course of nature to cause death.
4. With the knowledge that the act is so
imminently dangerous that it must in all
probability cause death.

Thus the special features required to take an act from section 299 to 300 are-

From 299 (a) to 300 (1): there is no requirement for any special feature because the first degree
intention is itself sufficient. The Code requires two identical clauses because in case any exception is
applied to 300, it would jump back to 299(a), which would subsequently result in a less severe
punishment.

From 299 (b) to 300 (2): section 299 (b) merely stipulates that if death is caused by an act, with the
intention of causing such bodily injury as is likely to cause death it amounts to culpable homicide.
Clause (2) of 300 further requires a subjective knowledge on the part of the offender where he
knows the bodily injury is likely to cause death.

From 299 (b) to 300 (3): for an act to jump from section 299(b) to 300(3), the bodily injury must be
such as is likely to cause death in the ordinary course of nature which imputes the certainty of death
to a greater extent that the words likely in section 299 (b).

From 299 (c) to 300 (4): for this the act done must be should so imminently dangerous that it must in
all probability cause death. Thus here the offender has knowledge about the risky nature of the act.
Section 300 (4) prescribes a high degree of probability of death than in section 299 (c ).