Difference between Culpable Homicide and Murder

2. CULPABLE HOMICIDE
According to the section 299 of the penal code -
“ 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 to death, or
with the knowledge that he is likely by such act to cause death commits the
offence of culpable homicide. “

3. ESSENTIALS OF CULPABLE HOMICIDE
1. Causing of death by human being
2. Such death must have been caused by an act
i. With the intention of causing death; or
ii. With the intention of causing such bodily injury as is likely to
cause death; or.
iii. With the knowledge that the doer is likely by such an act to
cause death.

4. • The fact that the death of a human being is caused is not enough. Unless one
of the mental states mentioned in ingredient is present, an act causing death
cannot amount to Culpable Homicide. Thus where a constable who had
loaded but defective gun with him wanted to arrest an accused who was
going on a bullock cart by climbing on the cart and there was a scuffle
between him and the accused and in course of which the gun went off and
killed the constable, it was held that accused could not be held guilty of
Culpable Homicide

5. ILLUSTRATIONS
(a)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 there by caused. Z believing the ground to be firm, treads on it,
falls in and is killed. A has committed the offence of culpable homicide.
(b)A knows Z to be behind a bush. B does not know it A, intending to cause or knowing it to be
likely to cause Z’s death, induces b to fire at the bush .B fires and kills Z. here b may be guilty of no
offence: but a has committed the offence of culpable homicide.
(c)A, by shooting at fowl with intent to kill and steal it, kill and steal it , kills B who is behind a bush;
A not intent ending that he was there. Here, although A was doing an unlawful act, he was not guilty
of culpable homicide ,as he did not intend to kill B, or to cause death by doing an act that he knew
was likely to cause death.

6. EXPLANATIONS
• A person who causes bodily injury to another, who is laboring under a disorder, disease or bodily
infirmity and thereby accelerates the death of that other, shall be deemed to have caused his
death.
• Where death is caused by bodily injury, the person who caused such bodily injury shall be
deemed to have caused the death although by resorting to proper remedies and skilful treatment
the death might have been prevented.
• The causing of the death of child in the mothers womb is not homicide. But it may amount to
culpable homicide to cause the death of living child, if any part of that child has been brought
forth the child may not have breathed or been completely born.

7. MURDER
According to the section 300 of the penal code,
“Except in the cases herein after excepted, culpable homicide is murder ,if the act by which the death is caused
is done with the intention of causing death, or-
Secondly- If it is done with the intention of causing such bodily injury as the offender knows to be likely to
cause the of the person to whom the caused or
Thirdly – If the person committing the act knows that it is so imminently dangerous that it must, in all
probability, cause death or such bodily injury as is likely to cause death and commits such act without any
excuse for incurring the risk of causing or such injury as aforesaid.

8. DISTINCTION BETWEEN CULPABLE HOMICIDE AND
MURDER
Culpable homicide is the genus of which murder is a species. In order that an offence may amount to murder it must fall within in the
ambit of culpable homicide, but an offence may amount to culpable homicide without amounting murder It follows, therefore, that all
murder are culpable homicides ,but all culpable homicides are not murders.
The distinction between culpable homicide and murder has very ably and lucidly been set forth by Melville J.in Reg V. Govinda case. In
this case the accused, a young man of 18 years was married to a girl of 15. It appeared that he was habitually ill treating the girl. On
the fateful day the accused knocked his wife down, put one knee on her chest and struck her two or three violent blows on the face
with closed fist, producing extravasations of blood on the brain and she died in consequence, either on the spot or very shortly
afterwards. The accused was held guilty of offence of murder by the Session Judge .The case came up before a Bench of tow Judges of
the Bombay High court for confirmation of the death sentence. As there was a division of opinion between the learned Judges
constituting the Bench as to whether the fact constituted an offence of murder, or an offence of culpable homicide not amounting to
murder, the case was referred for opinion to a third Judge, Melville, J.His lordship compared the provision of section 299 to 300 of
Penal Code, viz, culpable homicide and murder, thus

9. Culpable Homicide(sec299) Murder(sec300)
1.Actus Reus A person commits culpable homicide, if the act by which the death is caused is
done.
Subject to certain exceptions, culpable homicide is murder, if the act by which death
is caused is done.
2.Mens Rea Intention:
(a) With the intention of causing death;
(b) With the intention of causing such bodily injury as is likely to cause
death;
Intention:
(1) With the intention of causing death;
(2) With the intention of causing such bodily injury as the offender knows
to be likely to cause the death of the person to whom the harm is
caused;
(3) With the intention of causing of bodily injury to any person, and the
bodily injury intended to be inflicted is sufficient in the ordinary
course of nature to cause death:
Knowledge:
(c)With the Knowledge that the act likely to cause death.
Knowledge:
(4) With knowledge that the act is so immediately dangerous that it must in
all probability cause death or such bodily injury as is likely to cause death
3.Ingredients
Human being, unlawful killing, With oblique intent to kill or to grievous bodily
harm
Human being, unlawful killing with direct intent with malice aforethought to kill or
to grievous bodily harm

10. 4.Punishment
Under section 304
Whoever commits culpable homicide not amounting murder, shall be
punished with imprisonment for life , or imprisonment of either description
for term which may extend to ten years and shall also be liable to fine , if the
act by which the death is caused is done with the intention of causing death
or of causing such bodily injury as is likely to cause death;
Or with imprisonment of either description for a term which may extend
to ten years or with fine both, if the act is done with the knowledge that it
is likely to cause death, but without any intention to cause death or to cause
such bodily injury as is likely to cause death.
Under section 302:
Whoever commits murder shall be punished with death or imprisonment
for life, and shall also be liable to fine.

11. WHEN CULPABLE HOMICIDE IS NOT MURDER
The following Exceptions to section 300 provide for cases where culpable is not murder-
Exception1- Grave and Sudden provocation- 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 cause the death of any other by
person by mistake or accident. The above exception is subject to the following provisos-
First- That the provocation is not sought or voluntarily provoked by offender as an excuse for killing or doing harm to any person
Second- That the provocation is not given by anything done in obedience to the lawful exercise of the right of private defiance.
Thirdly- That the provocation is not given by any thing done in the lawful exercise of the right of private defense

12. EXPLANATIONS
Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a
question of fact.
Illustration:
• A. under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z’s child. This is murder,
in as much as the provocation was not given by the child and the death of the child was not caused by accident or
misfortune in doing an act causing by the provocation.
• Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y neither intending nor knowing
himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, But
merely culpable homicide.
• A attempts to pull Z’s nose, Z in the exercise of the right of private defense, lays hold of A to prevent him from doing
so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder ,in as much as the
provocation was given by a thing done in the exercise of the right of private defense

13. Exception2- Exceeding the Right of Private Defense- 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 power given to him by law and cause 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 defence.
Illustration’s: attempts to horsewhip a, not in such a manner as to cause grievous hurt to A. a,
draws out a pistol .Z person in the assault. A believing in good faith that he can by no other
means prevent himself from being horsewhipped shoots Z dead. A has not committed murder,
but only culpable homicide.

14. Exception 3: Public Servant Exceeding His Powers Culpable homicide is not a murder if the offender, being a public
servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by
law and cause death by doing an act which he in good faith believes to be lawful and necessary for the due discharge
of his duty as such public servant and without ill- will towards the person whose death is caused
Exception 4 - Culpable homicide is not a murder if it is committed without premeditation in a sudden fight in the heat
of passion upon a sudden quarrel and without the offender having taken under advantage or acted ion a cruel or
unusual manner.
Explanation: It is immaterial in such case which party offers the provocation or commits the first assault.
Exception 5: Death caused with victims consent- Culpable homicide is not murder when the person whose death is
caused, being above the age eighteen years, suffers death or takes the risk the of death with his own consent.
Illustration: A, by instigation, voluntarily causes, Z a person under eighteen years of age to commit suicide. Here on
account of Z’s youth, he was incapable of giving consent to his own death, has therefore abetted murder.