Culpable Homicide vs. Murder Under the BNS, 2023: Understanding the Fine Line Between Two Serious Offences

The Bharatiya Nyaya Sanhita (BNS), 2023—India’s new criminal law replacing the Indian Penal Code (IPC), 1860, has retained the concepts of culpable homicide and murder, but with clearer structure and updated language. These offences remain central to criminal law because they deal with the most severe crime affecting human life- unlawful killing. While both involve causing the death of a person, they differ sharply based on intention, knowledge, and circumstances. Understanding this distinction is essential for lawyers, students, and anyone interested in criminal justice.

1. Meaning of Culpable Homicide Under BNS

Under the BNS, culpable homicide is defined under Section 101. It refers to causing death by doing an act:

• With the intention of causing death, or

• With the intention of causing such bodily injury that is likely to cause death, or

• With the knowledge that the act is likely to cause death.

This definition is similar to the old IPC Section 299, but the BNS clarifies the nature of "likelihood" more clearly. Culpable homicide is the genus, and murder is its species. Every murder is culpable homicide, but not every culpable homicide is murder.

2. Meaning of Murder Under BNS

Murder is defined under Section 103 of the BNS. It states that culpable homicide becomes murder when:

1. The act is done with the intention of causing death, or

2. The act is done with the intention of causing such bodily injury that the offender knows is likely to cause death, or

3. The act causes an injury that is sufficient in the ordinary course of nature to cause death, or

4. The act is so imminently dangerous that it must, in all probability, cause death.

The language closely mirrors the earlier IPC Section 300 but removes outdated phrases and makes it easier to interpret. Murder involves a higher degree of intention, greater certainty of fatal consequences, and often a more brutal or deliberate act.

3. The Thin Line Between the Two

The difference between culpable homicide and murder under the BNS is often described as a thin but critical line, based entirely on intention and probability of death. In culpable homicide, the offender either intends to cause harm that may lead to death or acts with knowledge that death is likely. There is room for uncertainty, lack of pre-planning, or absence of brutal intention.

However, murder involves a definite intention to kill, a clear awareness that the act will almost certainly cause death, or an action so dangerous that fatal consequences are inevitable. The mental state of the accused—his intention, preparation, and conduct before and after the act, plays a crucial role. Courts examine whether the act was spontaneous, provoked, accidental, or deliberate. Even a small variation in circumstances like using a stick instead of a knife, or pushing someone instead of stabbing can shift the offence from murder to culpable homicide.

4. Classification Under the BNS

The BNS, like the IPC, categorizes homicide into multiple tiers based on intention, knowledge, and circumstances:

Culpable Homicide Amounting to Murder (Section 103 BNS)

This is the gravest form of homicide. When the accused clearly intends to cause death or inflicts an injury that any reasonable person would know is fatal, the act falls under this category. It includes premeditated killings, brutal attacks, and use of deadly weapons in a calculated manner. Punishment includes death or life imprisonment, reflecting the seriousness of the offence.

Culpable Homicide Not Amounting to Murder (Section 105 BNS)

This applies when homicide occurs without premeditation, or where the act was committed in the heat of passion, provocation, or in circumstances beyond the control of the accused. The law acknowledges that humans may act irrationally in certain moments, and therefore prescribes a lighter punishment. Two major subcategories exist under Section 105:

• Acts done with knowledge but without intention (punishable up to 10 years)

• Acts where death occurs suddenly or accidentally (punishments vary)

This classification ensures proportionate punishment based on the actual mental intent of the offender.

5. Key Differences: Explained With Examples

Basis	Culpable Homicide (S.101)	Murder (S.103)
Intention	May or may not be present	Clear intention to kill
Knowledge	Act likely to cause death	Act almost certainly causes death
Severity	Bodily injury may lead to death	Injury is sufficient to cause death
Punishment	Lower	More severe (life imprisonment/death)

Example: If A pushes B during an argument and B falls and dies → Culpable homicide.

If A stabs B multiple times with the clear aim to kill → Murder.

6. Exceptions in Murder Under BNS

The BNS retains five exceptions (similar to IPC) where an act that appears to be murder is legally treated as culpable homicide not amounting to murder:

• Grave and Sudden Provocation

If the offender loses self-control due to unexpected and serious provocation by the victim, the act is downgraded. Example: A discovers his spouse in an adulterous act and, in a moment of emotional shock, reacts violently.

• Private Defence Exceeded

If a person acts in self-defence but goes beyond what is reasonably necessary, resulting in death, it is not murder. Example: A attacks B to protect himself but uses excessive force.

• Public Servant Acting in Good Faith

If a public servant causes death while performing duties without ill intention, it becomes culpable homicide. Example: A police officer fires during mob control believing danger was imminent.

• Sudden Fight Without Premeditation

If death is caused in a sudden fight or heat of passion without prior planning, it falls under this exception.

• Consent of the Deceased

If a person above 18 consents to bear the risk of death (such as in certain dangerous acts), the offence is reduced.

7. Case Laws Simplifying the Difference

• Virsa Singh v. State of Punjab (1958)

The Supreme Court held that if the offender intentionally causes a bodily injury that is sufficient in the ordinary course of nature to cause death, the act amounts to murder. The case clarified that once intention to inflict that particular injury is proven, motive is irrelevant. This judgment became the foundation for distinguishing Sections 101 and 103 in BNS.

• K.M. Nanavati v. State of Maharashtra (1961)

This case is landmark for explaining “grave and sudden provocation.” Nanavati killed his wife’s lover after discovering their affair and acting in emotional shock. The Court held that though he committed homicide, the provocation reduced it from murder to culpable homicide. The case continues to guide interpretation of Exception 1 under BNS.

• State of Andhra Pradesh v. Rayavarapu Punnayya (1976)

The Court famously clarified that “culpable homicide is the genus and murder is the species.” It explained the difference in degrees of intention and knowledge and held that not all killings constitute murder. The case is widely cited for understanding the conceptual distinction between Sections 101 and 103 of BNS.

• Sanjeev v. State of Haryana (2015)

Here, the Court converted a murder conviction into culpable homicide since the killing occurred in a sudden fight without premeditation. The decision emphasized that when tempers rise suddenly and violence erupts without planning, murder charges should not apply. This case supports the application of Exception 4 under the BNS.

8. Punishment Under BNS

Murder (Section 103):

Murder is punished with:

• Death penalty, or

• Life imprisonment, and

• Fine

This reflects its seriousness as the most severe crime against human life. Courts consider factors such as brutality, motive, pre-planning, and the victim’s vulnerability before awarding punishment.

Culpable Homicide Not Amounting to Murder (Section 105):

The punishment varies depending on intention and circumstances:

• Imprisonment up to 10 years

• Life imprisonment in some cases

• Fine

The BNS provides flexibility, allowing judges to tailor punishment depending on human behavior, emotions, and circumstances.

9. Conclusion: Understanding the Differences Matters

The distinction between culpable homicide and murder under the BNS is crucial because people’s lives, liberty, and justice depend on it. While both offences involve the tragic loss of life, the law recognizes that every killing does not stem from the same intention or brutality. The BNS preserves the core principles of the IPC but presents them in a more organized and modern way, helping courts deliver fair and proportionate justice.