Difference between murder and culpable homicide.

Section 300 of the Indian Penal Code defines murder as the act by which death is caused to cause death. Secondly, if the act is committed with the intention of causing such bodily injury as the offender knows is likely to cause the death of the person to whom the harm is caused. Thirdly if murder is caused to cause bodily injury which is sufficient in the ordinary course of nature to cause death, or fourthly-If the person committing the act knows that the act is so imminently dangerous that it must cause death in all probabilities, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.

Example- A shoots Z with the intention of killing Z.Z dies in consequence. A commits murder.
Section 299 of the Indian Penal Code defines culpable homicide as – Whoever causes death by doing an act, with the intention of causing death, or with the intention of causing such bodily injury which is likely to cause death, or with the knowledge that he is likely to cause death, commits the offense of culpable homicide.

Hence all murders and culpable homicides but all culpable homicides cannot be considered as murders.

When culpable homicide does not amount to murder?
When a person kills someone and is proved guilty beyond a reasonable doubt then he can take the defense of certain exceptions and shall be charged for culpable homicide only. These are-

Grave and sudden provocation would deprive any reasonable man of his self-control. It is essential for this ground that sufficient time must not have passed to cool down. Also, if the offender himself causes provocation, he is not eligible to claim any benefit under this exception. Example- B gives grave and sudden provocation to Z. Z on this provocation fires a pistol at X neither intending not knowing himself to be likely to kill X who is near him but out of sight and kills him. Here Z has committed culpable homicide.

Excessive exercise of private defense– If the offender causes the death of the accused without having any intention to do more harm than was necessary.

In Baljeet Singh v state of U.P., it has been held, if a person exceeds the right of private defense given to him by law and causes the death of the person against whom he is exercising the right, it will not be amounting to murder.

A public servant who acts in good faith– if a public servant commits an act which is not illegal and is necessary to perform his duties without having any ill will against the deceased.

Sudden and heat of passion – The offender must not take any undue advantage and also should not act in a cruel manner to claim benefit under this exception. It is immaterial here as to which party offers the provocation.

A person whose death is cost is above 18 years of age, suffers that with his consent, culpable homicide is not murder.

Key differences-

• If death is ‘likely to result from in fact it is a culpable homicide but if death is the most probable result, it is murder. The difference between culpable homicide and murder is mainly one of the degrees of probability that death would ensue. It is culpable homicide where death must have been known to be a probable result, it is murder, where it must have to be the most probable result. Therefore, the degree of intention should be considered as the key difference. Thus, it can be concluded that an act becomes murder only when it fulfills the conditions of both sections 299 and 300 of the Indian Penal Code. An act that fulfills the condition section 299 of I.P.C and the first part of Section 300, becomes culpable homicide amounting to murder. An act that fulfills only the conditions of section 299 and not 300 or is an exception under section 300, it is culpable homicide not amounting to murder.
• Punishments- According to section 304 of I.P.C, A person guilty of culpable homicide to cause death and with the knowledge that the act will likely cause death which does not amount to murder shall be punished with-Life imprisonment, Or, imprisonment of either description for a term which may extend to ten years. And shall also be liable to fine. A person guilty of culpable homicide with the knowledge that his act is likely to cause death, but without any intention to cause death, shall be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or both.
• According to section 302 of I.P.C., a person guilty of committing murder shall be sentenced to death, or life imprisonment and shall also be liable to fine.

3. The case on this point is Rex vs Govinda, of which the facts, in brief, are as under- The accused Govinda knocked his wife down, put one knee on her chest, struck her two or three violent blows on the face with a closed fist causing extravasation of blood from the brain resulting in her death. The court of the first instance passed the sentence of death holding the accused guilty of murder under Section 302 of the Indian Penal Code. In the case before the high court of Bombay for confirmation, the question arose whether the fact disclosed constitutes murder or culpable homicide not amounting to murder. On this point, the opinion of the judges was divided and the issue was referred to justice Melvin, who laid down the following test for differentiating between murder and culpable homicide not amounting to murder.

The supreme court in the case of Virsa Singh vs. State has explained clause 3. According to this decision, to prove murder, it is not enough to prove that the injury found to be present was sufficient to cause death in the ordinary course of nature, but in addition to this, it must be shown that the injury found to be present was the injury intended to be inflicted. Clauses and c and 4 appeared to be intended to apply, though not necessarily limited, cases in which there is no intention to cause death or bodily injury. Rash driving, firing at marks near the public highway, resulting in death would be cases of this description. Whether the offenses culpable homicide or murder depends upon the degree of risk of human life. As regards clauses b., c., and 4 if that is likely to result, it is culpable homicide, if it is the most probable result it is known as murder.
In other words, conclusively, were therefore for the act of the accused does not fall within the first class of section 300 that is where the Act was not done with the intention of causing death the difference between culpable homicide and murder is merely one of the degrees of probability that would ensue. It is culpable homicide, where death must have been known to be a probable result, it is murder, it must have known to be the most probable result.