What Is The Difference Between Murder and Culpable Homicide?

Are you searching for an answer to the question “difference between culpable homicide and murders” then, you have come to the right place? Here we will explain the difference between murder and culpable homicide accordingly to our Indian Penal Code. 

What are Murder and Culpable homicide cases?

Murder (defined under Section 300) and culpable homicide (defined under Section 299) are two offenses under the Indian Penal Code the distinction between which has always been perplexing to the law students? Section 299 defines Culpable Homicide cases. Please study section299 for IPC so that you get a clear idea about the difference between culpable homicide and murders cases.

Whoever causes death by doing an act with 

1. The intention of causing death.
2. Intentionally causing a bodily injury that is likely to cause death.
3. Doing an act with knowledge that it is likely to cause death.

Section 300 defines Murder (this section will help you understand the difference between murder and culpable homicide cases)

Whoever causes death by doing an act with

1. The intention of causing death.
2. Causing such bodily injury as the offender knows it is likely to cause the death of a person.
3. Intentionally causing a bodily injury which is sufficient to cause death.
4. Doing an act with knowledge that it is so imminently dangerous and in all probability causes death.

The question is when the death of man is to be treated as culpable homicide or murder under IPC. Culpable denotes a ‘blameworthy state of mind’ and Homicide refers to killing a person. Thus culpable homicide refers to taking the life of another person, where the act has been done with criminal intent.

The topic of culpable homicide and murders or the Difference Between Murder and Culpable Homicide is one of the most commonly asked questions in CLAT and other law exams. So, if you are someone who is looking for law entrance questions and answers or even searching for a good institute then check out our law online classes by the NUJS grads, who have been there and done that.

Factual Difference Between Culpable Homicide and Murders in Indian Penal Code?

There is a thin difference between the murder and culpable homicide. The difference between murder and culpable homicide is only of “intention to commit murder”. If A kills B and A had no intention to kill then the crime is said to be committed under section 299 i.e. Culpable homicide and if A had an intention to kill by then the crime is said to have been committed under section 300.

In Culpable Homicide, The offender must have the intention of causing such bodily harm which is likely to cause death. In murder, the offender must know that his actions will cause death or the bodily injury will be sufficient in the “ordinary course of nature to cause death”.

Example to Understand the Difference Between Murder and Culpable Homicide?

For example, suppose the offender has used the sharp weapon and struck on the vital part of the body. Naturally, the injury is sufficient to cause the death and the offender has the knowledge that his act is an imminent danger and, in all probability, death is bound to occur. This kind of death is called Murder. On the other hand, where the blunt and hard weapon like stick and stone are used and injuries are caused in the hard part of the body, death is likely rather than probable, and therefore it is culpable homicide and not murder.

What is murder culpable homicide punishment?

There are several murder and culpable homicide cases that are quite confusing for students who are studying law, however, you will be surprised to know the punishment for culpable homicide not amounting to murder of the act, Indian Penal Code, 1860.

Common FAQs about the Murder and Culpable Homicide cases according to IPC

✔️Q1. When culpable homicide is not murder regarding the difference between culpable homicide and murders?

A. This answer will help you to understand the difference between culpable homicide and murders. Section Details

Exception 1.-Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.

Exception 2.- Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defense of person or property, exceeds the powers given to him by law and causes the death of the person against whom he is exercising such right of defense without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defense.

✔️Q 2. What is non culpable homicide?

A. Non-Culpable Homicide. Homicide (the killing of another person), that is not criminal, but caused completely by accident or in self-defense. “Accidents” can be Criminal cases if it is the result of Wilful blindness, which involves deliberately closing your mind to the possible consequences of your actions

✔️Q 3. What IPC 299 and its impact on Murder vs. Culpable Homicide cases?

A. Section 299 of IPC defines culpable homicide. It means Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that his act is likely to cause death, commits the offense of culpable homicide

✔️Q 4. What is the difference between Section 299 and 300 in regards to Murder and Culpable Homicide cases?

A. The difference between murder and culpable homicide is only of “intention to commit murder”. If A kills B and A had no intention to kill then the crime is said to be committed under section 299 i.e. Culpable homicide and if A had an intention to kill by then the crime is said to have been committed under section 300.