Introduction:

There is a thin line between culpable homicide and murder. In a general sense, ‘ culpable homicide’ means unlawful killing of a human being by another human being, which is not classified as murder due to the absence of guilty mind or ‘mens rea’. On the other hand, murder is an aggravated form of culpable homicide.

All murders are culpable homicide. But,
All culpable homicides are not murder.

Culpable Homicide is a genus and murder is its species.

Culpable Homicide:

Section 299 of  IPC, 1860 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 as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide”[1]


Important Point of Culpable Homicide:

·        
          Firstly, Intention of cause death ( Nature & circumstance of crime)

·         Secondly, The intention of causing such bodily injury as is likely to cause death. ( In that case person has no intention to cause death but bodily injury is enough to cause death)

·         Thirdly, Knowledge that he is likely by such act to cause death ( Aware about the circumstance that it may be dangerous, and causes to death )


Murder:

Section 300 of IPC, 1860 defines Murder as “Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death”[2], or-

·         If the act is committed with an intention of causing bodily injury that offender, know it cause to death.

·         If the act has committed with a knowledge that his act is dangerous and would cause death or bodily injury, still he did such act, it would be amount murder.


Notable Point:  1. Nature of weapon used or amount of force
                         2. The degree of criminality is higher in murder.
                         3. To prove guilty of murder, A person should be first guilty of culpable homicide.



Conclusion:

In above, we discussed, the difference between culpable homicide and murder. Culpable Homicide is a broader term of murder. However, Murder is more serious in nature.