culpable homicide

Under s.100 BNS (old s.299 IPC), a person commits culpable homicide if he causes death by an act done with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that the act is likely to cause death. It becomes murder under s.101 (old s.300) if it falls within one of its clauses and none of the exceptions applies.

All murder is culpable homicide, but not the reverse. The exceptions, such as grave and sudden provocation, exceeding private defence and sudden fight, reduce murder to culpable homicide not amounting to murder, punishable under s.105 (old s.304). The Supreme Court describes three degrees of culpable homicide, distinguished by the degree of intention or knowledge.

Example

Since the accused struck in a sudden fight without premeditation or cruelty, the offence is culpable homicide not amounting to murder, punishable under section 105 BNS.

In Indian law

• Sections 100, 101 and 105, Bharatiya Nyaya Sanhita, 2023 (old ss.299, 300 and 304 IPC)
• State of Andhra Pradesh v. Rayavarapu Punnayya, 1976 INSC 221: distinction between murder and culpable homicide

See also

murder · homicide · grave and sudden provocation · mens rea

Read more in the study notes

• Culpable homicide and murder (Bharatiya Nyaya Sanhita)
• Juvenile Justice Act: procedure for children in conflict with law (Bharatiya Nagarik Suraksha Sanhita)
• General exceptions: consent, good faith, compulsion and trifles (Bharatiya Nyaya Sanhita)
• The right of private defence (Bharatiya Nyaya Sanhita)
• Criminal conspiracy and attempt (Bharatiya Nyaya Sanhita)
• Offences against children (Bharatiya Nyaya Sanhita)