Difference between Culpable Homicide and Murder under Indian Penal Code

Indian Penal Code, 1860 has a list of various offenses defined as well as punishment prescribed for them. Under IPC two offenses whose meanings have always been complicated are Culpable Homicide defined under section: 299 and Murder defined under section: 300. One question which has always arisen is that when the death of a person is going to be treated as a culpable homicide and when murder!

Culpable means guilty of doing something wrong commonly stated as ‘blameworthy state of mind’ and Homicide means killing of a person. Therefore Culpable Homicide means taking the life of another person and the act done is with criminal intention. The offenders have the intention of causing such bodily injury which is likely to cause death. Whereas in case of murder the offender knows that his act is going to cause death or the bodily injury is sufficient in the ordinary course of nature to cause death.

There is a thin line of difference between the two. It is only of the ‘intention to commit murder’. An example can be taken from Section: 299 where ‘A’ lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. ‘Z’ believing the ground to be firm, treads on it, falls in and is killed. ‘A’ has committed the offense of culpable homicide. For specifying the offense of murder example can be taken from Section: 300 where ‘A’ shoots ‘Z’ with the intention of killing him. ‘Z’ dies in consequence. ‘A’ commits murder. Another example can be ‘A’, knowing that ‘Z’ is laboring under a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. ‘Z’ dies in consequence of the blow. ‘A’ is guilty of murder.

One example can also be taken when a sharp weapon is used to strike on the vital part of the body and the injury is sufficient in the ordinary course of nature to cause death which the offender has knowledge about then the offense of murder has been committed. Other can example can be where a person uses a blunt weapon to cause injury to the body; death in probable then it will be culpable homicide not amounting to murder.

The points of difference between the two offenses are:

1. The probability of causing death is higher in murder as compared to culpable homicide as in murder the accused has a definite knowledge that act will cause death whereas in culpable homicide the knowledge is probable.
2. Murder is considered to be the aggravated form of culpable homicide.
3. Culpable homicide is a wider term than murder. Thus, culpable homicide is regarded as genus and murder as a species. All murders are culpable homicide but all culpable homicide cannot be murder.