Murder vs. Culpable Homicide: What’s the Real Difference?

Whenever we hear about a killing, words like “murder” and “culpable homicide” often make

their way into the headlines. To most of us, they might sound like the same thing — after all,

in both cases, someone has lost their life at the hands of another. But in the eyes of the law,

these two terms are very different — and that difference can mean everything when it comes

to justice.

What Is Homicide?

Homicide simply means one human being has caused the death of another. But not all

homicides are considered crimes. Homicide can be:

● Lawful – such as killing in self-defense or lawful police action.

● Unlawful – and that’s where murder and culpable homicide come in.

All murders are culpable homicides, but not all culpable homicides are murders.

This was clearly stated by the court in State of Andhra Pradesh v. Rayavarapu Punnayya,

where it held:

“Culpable homicide is the genus, and murder is the species.”

 

What Is Culpable Homicide(s.100 BNS)

Culpable homicide means someone has caused the death of another — and while the act is

blameworthy, it may not carry the same level of intention or planning as murder.

Key elements:

● the act ,which caused death,is done with the intention to cause death

● With the intention of causing physical injury likely to result in death

● With the knowledge that the act,done by him, is likely to cause death.

 

In short, the person is still responsible — but the intention to kill may not have been clear or

deliberate.

In Reg v. Govinda, Bombay high court held:

“The degree of intention or knowledge is the key difference.”

 

Then, What Makes It Murder(s.101 BNS)?

Murder is a more severe form of culpable homicide. It involves a higher degree of intention,

or knowledge so extreme that the offender knows death is almost certain.

Murder occurs when:

● The act is done with the clear intention to cause death, or

● The act is meant to cause a bodily injury that is known to likely cause death, or

● The injury caused is sufficient in the ordinary course of nature to cause death, or

● The act is so imminently dangerous that the offender knows it will almost certainly

result in death.

 

This was explained by the Supreme Court in Virsa Singh v.State of Punjab, where the Court

held:

“The presence of intention and the sufficiency of injury to cause death makes

the act murder.”

 

Doctrine Of Transfer of Malice

Causing the death of a person other than whose death was intended is an offence

under s.102 BNS.

If a person causes a death of a person other than whose death he intended to

cause,he would he liable for his death as if he had caused the death of person so

intended.

Example - If A poisons B's food but the food is consumed by C. He would be liable for

culpable homicide as if he had caused the death of B.

 

Comparing Culpable Homicide and Murder under BNS (2023):

                           Culpable Homicide (S.100 BNS)                    Murder (S.101 BNS)

Intention             May or may not be present Clear,                  proven intention

Premeditation     Often spontaneous                                          Usually pre-planned

Punishment        Up to 10 years or life imprisonment               Death or life imprisonment

                           u/s 105 BNS                                                     u/s 103 BNS

 

Why Does This Difference Matter?

Because justice must be fair.

Imagine a person who, in a sudden fit of rage or fear, causes someone's death — with no

prior plan or deep intention to kill. Should they receive the same punishment as a

cold-blooded murderer who planned every step? The law says no.

That’s why courts carefully consider:

● What was the mental state of the accused?

● Was there sudden provocation?

● Was the act planned or spontaneous?

● What kind of weapon was used and how?

 

Each case is judged on its unique facts, and this classification helps ensure justice is done

fairly and proportionately.

Conclusion

Understanding the difference between murder and culpable homicide helps us appreciate

how the legal system doesn’t just look at what happened — it asks why it happened and how

it happened. While both are serious crimes, they are judged with different lenses to ensure

fairness.

So, the next time you read a headline or hear a legal argument, remember — not every killing is murder.

Closing Credits

Author: Parth

"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"