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Distinction between Culpable Homicide and Murder

by  K Rajasekharan   
on  27 November 2017

The heinous offence of killing of a person by another is termed as Murder, Culpable Homicide and
Non-Culpable Homicide in India or in degrees such as First Degree Murder, Second Degree Murder
and Third Degree Murder in the United States of America, depending on the gravity of intention
behind the act and the severity of the way of committing the crime.

In India, the crime of killing of a human being by another human being is broadly categorized as
Culpable Homicide and Murder under the Indian Penal Code (IPC). They are enlisted as distinct
offences. But the definition and description of both Culpable Homicide under Section 299 IPC and
Murder under Section 300 IPC look almost similar in terms of the terminology used. Therefore
making out the distinction between them is bit difficult. The lack of distinction perplexes even the
learned law professionals also.

The sections relating to Culpable Homicide and Murder are the weakest provisions in the Code in
terms of clarity. The sections are obscure and may create confusion even in the minds of legal and
judicial officers. Capable Homicide is defined in the code but neither Homicide nor Murder is,
except by explanation.

Ingredients of the Sections 299 and 300 of IPC

The Section 299 of IPC defines Culpable Homicide as follows:-

Whoever causes death by doing an act with,

1. Intention of causing death.

2. Intentionally causing bodily injury which is likely to cause death.
3. Doing act with knowledge that it is likely to cause death.

The Section 300 of IPC describes Murder as follows:-

Whoever causes death by doing an act with,

1. Intention of causing death.

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

Culpable Homicide is a genus Download Bare Acts    |    x

Culpable Homicide is a genus whereas the Murder is its species. Therefore all Culpable Homicides
are not Murders but all Murders are Culpable Homicides.

Culpable Homicide refers to doing a criminal act with the intention of causing death, or with the
intention of causing bodily injury which may eventually cause death, or doing an act with the
knowledge that the act will result in death of the other.   In Culpable Homicide there must be
intention or knowledge on the part of the accused that his act will cause death or at least injury
which would be sufficient to cause death as a result of the injury.  

If a person is causing some injury to another one who is already suffering from some disease or
some bodily infirmity and that injury accelerates the death of that person the person responsible for
causing injury is liable for punishment for causing Culpable Homicide.  If the person doing the act
has no intention to kill the other or has no knowledge that his act will kill the other person, the
person doing the act is guilty of only a lesser crime than Culpable Homicide, but not Murder. A
killing done without premeditation or on a passion or a sudden plight in the spur of a moment will
not amount to Culpable Homicide coming under Section 299 of IPC.

In regard to Section 299 the Supreme Court in Jagriti Devi vs State Of H.P says, “The bare reading of
the section makes it crystal clear that the first and the second clause of the section refer to
intention apart from the knowledge and the third clause refers to knowledge alone and not
intention. Both the expression "intent" and "knowledge" postulate the existence of a positive mental
attitude which is of different degrees. The mental element in Culpable Homicide i.e. mental attitude
towards the consequences of conduct is one of intention and knowledge. If that is caused in any of
the aforesaid three circumstances, the offence of Culpable Homicide is said to have been
committed”.

A husband struck a violent blow on his wife and the wife falls unconscious. Thinking that the wife is
dead, he hung her body soon so as to create false evidence in regard to the incident. The court said
that the husband had no intention to kill his wife and hence not punishable by Culpable Homicide as
he has no intention to cause her death. He is punished for his original assault and for creating false
evidence only. Download Bare Acts    |    x

Murder under IPC

A Culpable Homicide will turn into a Murder if the criminal act by which the death is caused, is done
squarely with the purpose of causing death. Similarly, if the offender is causing bodily injury on
victim with due intention or knowledge that it is likely or sufficient to cause death it will be treated
as a case of Murder. An act so imminently dangerous enough to cause death or bodily injury that
may likely to result in death will also be considered a Murder. Murder is the most heinous crimes in
the criminal calendar.

In Murder, both the intention and knowledge of the offender about the dire consequences are
important. If an act done by a person on the other is done with the chrystal clear intention or
knowledge that the act will be likely or sufficient to kill a person, it is Murder. The essential
ingredient of Murder is an unlawful act of causing death of a person through a criminal act or
commission by another person with prior intent, malice or premeditation.

Though the words used in both the Sections of IPC look similar there is a subtle difference between
both terms, in terms of their import. But the differentiation of both crimes retained in the Code is
necessary so as to separate the most heinous killing from those which are less serious in nature. 
The distinction between the imports of the sections can be made out only by analyzing the
differences in illustration provided and in punishment given for the crime under each Section.

In regard to Section 300 the Supreme Court in Jagriti Devi vs State Of H.P says, “Section 300 IPC,
however, deals with Murder although there is no clear definition of Murder provided in Section 300
IPC.“ and “Section 300 IPC further provides for the exceptions which will constitute Culpable
Homicide not amounting to Murder and punishable under Section 304. When and if there is intent
and knowledge then the same would be a case of Section 304 Part I and if it is only a case of
knowledge and not the intention to cause Murder and bodily injury, then the same would be a case
of Section 304 Part II. The aforesaid distinction between an act amounting to Murder and an act not
amounting to Murder has been brought out in the numerous decisions of this Court”.

The term intention means the state of mind to bring about a desired result whereas knowledge
refers to the state of conscious awareness of the facts. Intention is different from motive which is
hidden or cannot be unearthed easily. Intention and knowledge have to be unearthed from the
circumstances as both are a state of mind invisible and subjective.

Inflicting an injury on the vital part of the body, use of sharp edged weapons, hitting with high force
to impair body organs, through searching for the victim everywhere for acting upon him, uttering
dreadful words in regard to killing immediately after killing, etc are being treated as circumstances
that bring forth the dire intention of the accused in cases of Murder.

When Culpable Homicide is not Murder

However, some sorts of exceptional homicides do not come within the ambit of Murder. There are
five exceptional circumstances in which a Culpable Homicide is not Murder, but just manslaughter -
a term in English law.

Manslaughter is the unlawful killing of a person without malice - either express or implied - as
provided under exceptions in Section 300 IPC.  The exceptional circumstances are as follows:-

Provocation: If the offender is deprived of the power of self control by grave or sudden provocation
and he causes death of the provocateurDownload Bareother
or any Acts    |    
person, x the offender is not punished for
Murder.
Private defence: If the offender is exercising his act in good faith, without premeditation or
intention to do no harm, the right to private defence will come into play. Then that is not Murder.

Exercise of legal powers: If the offender is a public servant and doing any act believing to be within
his purview and caused death, it does not amount to Murder.

Absence of premeditation: If a person in a sudden heat of passion of a quarrel commits a killing

without premeditation, it is not Murder.

Consent: When a person who is above 18 years of age and his death was caused with his voluntary
consent, it is a case of Culpable Homicide but not Murder.

Distinction in probability of death in both crimes

Murder is an aggravated form of Culpable Homicide. The existence of any of the four clauses in the
section 300 turns a killing into a Murder, while the exception to the section reduces even a heinous
killing in the nature of Murder into one of Culpable Homicide not amounting to Murder.

In both Culpable Homicide and Murder, there is mens rea - an intention to kill the victim. But in
Culpable Homicide the accused is not certain of death of the victim but hopes for it. In Murder there
is definite intention to kill and the offender is certain that the victim will die. The probability of death
is certain in Murder whereas it is quite uncertain in Culpable Homicide.   Murder involves more
premeditated actions than Culpable Homicide.

And in Murder the degree of probability of death is definite in comparison to Culpable Homicide. To
constitute Murder there must be intention or knowledge that death must be the most probable
result of the criminal act by the accused.   To constitute Murder the accused must have clear
knowledge that his act must in all probability cause death rather than the bare knowledge that his
act is likely to cause death.

Even if the intention of the accused was limited to the infliction of a bodily injury sufficient to cause
death in the ordinary course of nature, and did not extend to the intention of causing death, the rule
laid down in the Virsa Singh case (1958 AIR 465) indicates that the offence would be Murder. The
judgment says, “No one has a licence to run around inflicting injuries that are sufficient to cause
death in the ordinary course of nature and claim that  they are not guilty of Murder. If they inflict
injuries of that kind, they must face the consequences; and they can only escape if it can be shown,
or reasonably deduced that the injury was accidental or otherwise unintentional”.

Mechanism to differentiate Culpable Homicide and Murder

It is quite difficult to differentiate a Culpable Homicide from Murder if the facts of the case fall on
the borderline between the two in terms of gravity of intention or seriousness of the action. But the
apex court says as follows:-

First, establish that the accused has done an act of causing death of another. Then, consider
whether the act of the accused amounts to Culpable Homicide.   Then, consider whether the
ingredients of section 300 have been satisfied. Lastly, consider whether the killing can be brought
down to the lower place of Culpable Homicide not amounting to Murder by going through the
exceptions under Section 300 IPC.  IfDownload
the killingBare
does not    |    
Acts attractx the ingredients of the section 300
explicitly or if it attracts the exceptions under the section, it will be a case of Culpable Homicide
punishable under section 304 and not Murder. The matter to be considered at this point is whether
the facts of the case fit well with the sections under section 300 - firstly to fourthly – to sustain the
charge of Murder.

The offence would fall under Culpable Homicide if the bodily injury intended to be inflicted on the
victim is likely to cause death; it would fall under Murder if such injury is sufficient in the ordinary
course of nature to cause death. The distinction is a question of degree of probability.  When the
accused inflicts several injuries on the person having knowledge of causing death the accused
deserves conviction for Murder.

Stabbing in chest or abdomen with sufficient force to penetrate such structures prima facie will
amount to the offence of Murder.  When injuries are inflicted by a number of persons with the
intention of killing and death ensures as a result of the injuries it is a case of Murder under the first
clause of section 300 IPC. Similarly, giving a terrific blow on the head with a heavy hammer and
thereby smashing the head bones he intends to cause death under section 300 (2) and (3) of IPC.

An act done with the knowledge of its consequence of merely causing death is not prima facie
Murder, if it can be affirmed that there was no definite excuse allowable in the action it is a clear
case of Murder. Only extremely reckless and wholly inexcusable act of homicide will constitute
Murder.  

It is the degree of probability of death which determines whether a Culpable Homicide is of the
gravest, medium or lowest degree. The section 299(2) conveys the sense of probability as
distinguished from a mere possibility. The thirdly of section 300 means that death will be the most
probable result of the injury in the ordinary course of nature.

Kinds of Culpable Homicides

Culpable Homicides are of three kinds in terms of punishment: -

Culpable Homicide of the first degree - Murder. This is the gravest form of killing with malice
aforethought and punishable under Section 302 IPC
Culpable Homicide of the second degree - ordinary killing or manslaughter without malice.
This is an act of Culpable Homicide not amounting to Murder and punishable under IPC 304
Para I
Culpable Homicide of the third degree. This is the lowest kind of killing (voluntary
manslaughter) and punishable under  IPC 304 Para II

The fourth degree Murder is involuntary manslaughter, which is done without any sort of criminal
intention, such as death caused by negligent driving or such other criminal negligence - for which
the punishment is much lesser, not exceeding two years imprisonment, or fine, or with both.

If an offence is done with intention and knowledge in regard to causing death it will be a case for
second degree Culpable Homicide but there is only knowledge alone in regard to causing death, it is
a case for third degree Culpable Homicide.

Punishment for Murder and Culpable Homicide

The punishment IPC prescribes for Murder under section 302 is death or imprisonment for life and
fine, if any. Murder case is tried by theDownload
Court of Session.
Bare Acts    |    x
There are two sets of punishments for Culpable Homicide not amounting to Murder under Section
304.   One is punishment is imprisonment for life or for ten years and fine, and the other is
imprisonment for 10 years or fine, or both.

The Supreme Court State of A.P. v. Rayavarapu Punnayya ( (1976) 4 SCC 38) says, “For the purpose
of fixing punishment, proportionate to the gravity of this generic offence, the Code practically
recognizes three degrees of Culpable Homicide.

The first is, what may be called, "Culpable Homicide of the first degree". This is the greatest form of
Culpable Homicide, which is defined in Section 300 as "Murder". The second may be termed as
"Culpable Homicide of the second degree". This is punishable under the first part of Section 304.
Then, there is "Culpable Homicide of the third degree". This is the lowest type of Culpable Homicide
and the punishment provided for it is, also, the lowest among the punishments provided for the
three grades. Culpable Homicide of this degree is punishable under the second part of Section 304."

Conclusion

Even though both provisions relating to Culpable Homicide and Murder correspond with each other,
the difference in both the offences – Culpable Murder and Murder - lies in the certainty of death in
the latter.  In fact the difference is in regard to gravity - the seriousness of the act of crime.

If the act is so dangerous with no possibility of survival for the victim, it is an apt case of Murder. If
a person dies out of an intentional act of cutting someone’s head, then there is no chance for his
survival. Then that is nothing but Murder. If an act of crime leaves the victim with some chance for
escaping death it is a case of Culpable Homicide.  

It would have been nice  if the IPC had shown the difference between both crimes in clear terms
using distinct set of words.

The author, now with Thrissur Bar, can also be reached at rajankila@hotmail.com

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