Culpable Homicide Vs. Murder | Difference between Culpable Homicide and Murder | BNS 100 to 102 |

Описание: Culpable Homicide Vs. Murder | Difference between Culpable Homiciiiiide and Murder | BNS 100 to 102

According to the Bharatiya Nyaya Sanhita (BNS), 2023, the difference between homicide and culpable homicide lies fundamentally in the nature of the act and the mental state (mens rea) of the offender. Homicide broadly refers to the act of causing the death of a human being by another human being, which can be either lawful or unlawful. For example, a killing in self-defense may be lawful homicide. Culpable homicide, defined under Section 100 of BNS 2023, is a specific category of unlawful homicide where the offender causes death with either the intention to cause death, the intention to cause bodily injury likely to cause death, or with knowledge that the act is likely to cause death. Thus, culpable homicide involves a guilty mind and an unlawful act resulting in death, making it a criminal offense with prescribed punishments.
Culpable homicide serves as the “genus” (broader category), while murder is the “species” (a specific type) within this category. Section 101 of the BNS 2023 defines murder as culpable homicide with certain specific aggravated characteristics, such as clear intention, premeditation, or particular knowledge that the act will cause death, without any exceptions that otherwise mitigate the offense to culpable homicide not amounting to murder. This distinction means every murder is a culpable homicide but not every culpable homicide qualifies as murder. Murder is punishable by more severe penalties, including life imprisonment or the death penalty, while culpable homicide not amounting to murder generally carries lighter punishments.​
To illustrate, a case where a person strikes another in a sudden quarrel causing death but without a clear intent to kill may be categorized as culpable homicide under Section 100. In contrast, deliberately stabbing someone in a vital body part with the intent to kill, and causing death, would constitute murder under Section 101. The BNS also outlines exceptions and gradations, such as acts done under grave and sudden provocation, which may reduce murder to culpable homicide. Punishments under Section 105 apply based on whether the act falls within the intention to cause death or knowledge categories, with life imprisonment or terms between 5 to 10 years, while Section 103 prescribes harsher penalties for murder.
In summary, homicidal acts are scrutinized under the BNS based on the offender’s intention and knowledge, and the severity and nature of the act differentiate culpable homicide and murder, reflecting a structured legal framework for categorizing offenses causing death.