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Difference Between Murder and Culpable Homicide

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 11-Mar-2024

Source: Supreme Court

Why in News?

Recently, a division bench of Justices Sudhanshu Dhulia and PB Varale converted a punishment for murder into punishment for culpable homicide not amounting to murder.

  • The Supreme Court held this in the case of Dattatraya v. The State of Maharashtra.

What was the Background of Dattatraya v. The State of Maharashtra Case?

  • The incident occurred in 2007, where the appellant, in an inebriated state, had a fight with his pregnant wife and poured kerosene on her while she was cooking, resulting in 98% burn injuries.
  • The wife gave a dying declaration accusing the appellant of the act.
  • A case was registered under Section 307 of Indian Penal Code, 1860 (IPC) which was later converted to Section 302 IPC along with the addition of a charge under Section 316 IPC.
  • The appellant faced trial and was convicted by the Trial Court, upheld by the Bombay High Court.
  • Hence, an appeal was preferred before the Supreme Court.

What were the Court’s Observations?

  • The Supreme Court found that while the appellant had knowledge of the consequences of his act, there was no intention to cause death.
  • The Court considered the incident as a sudden fight in the heat of passion, converting the findings of Section 302 IPC to that of Section 304 Part-II IPC.
    • The appellant was sentenced to 10 years of rigorous imprisonment under Section 304 Part-II IPC.
  • Considering the time served in jail, the Court ordered the appellant's immediate release unless required in another offence.
    • The Court directed the appellant's release.

What are the Key Differences Between Murder and Culpable Homicide Not Amounting to Murder?

In this Case, the Supreme Court aligned certain key differences between murder and Culpable Homicide Not Amounting to Murder:

Key Differences Murder Culpable Homicide Not Amounting to Murder
Legal Provision in IPC Murder, under Section 300 of the IPC, requires intention, knowledge, and premeditation to cause death. Culpable homicide, as defined under Section 299 of the IPC, involves killing without the specific intent to cause death, but the act is done with the knowledge that it is likely to cause death or serious harm.
Punishment in IPC Section 302 IPC, whoever commits murder shall be punished with death or imprisonment for life and shall also be liable to fine.

Section 304 IPC, If the act is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, the punishment is:

    • Imprisonment for life
    • Also liable to fine

If the act is done with the knowledge that it is likely to cause death, but without any intention to cause death or such bodily injury, the punishment is:

    • Imprisonment of either description for a term which may extend to ten years
    • Or with fine
Premeditation Murder typically involves malice aforethought, where the perpetrator consciously plans and executes the act to cause the death of another person. It encompasses acts where death is caused by negligence, recklessness, or without premeditation, but the act is still unlawful and results in the death of another person.
Intention It involves an act done with the clear intention of causing death or with knowledge that the act is likely to cause death. While the act may lead to death, there is no specific intent to cause death, distinguishing it from murder.
Degrees of Intent Murder usually requires a higher level of intent, such as premeditation or malice aforethought. Culpable homicide not amounting to murder may involve a lower level of intent, such as recklessness or negligence, but not the level of intent required for murder.
Sudden Provocation In the case of murder, there is often no sudden provocation or heat of passion involved. The act is deliberate and calculated. Culpable homicide may occur in the heat of passion or as a result of sudden quarrels, without the perpetrator having the clear intention to cause death.
Legal Provisions in Bhartiya Nyaya Sanhita, 2023 (BNS) Section 101 of BNS defines murder and 103 of BNS covers punishment for murder. Section 100 of BNS defines culpable homicide not amounting to murder whereas 105 covers its punishment.
Punishment in BNS Section 103 of BNS, whoever commits murder shall be punished with death or imprisonment for life and shall also be liable to fine.

Section 105 of BNS,

      • If the act by which the death is caused is done with the intention the perpetrator shall be punished with imprisonment for life or imprisonment of either description for a term not less than five years but which may extend to ten years, and shall also be liable to a fine.
      • If the act is done with the knowledge that it is likely to cause death the perpetrator shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to a fine.