Explain All Murders are Culpable Homicide, But Not all Culpable Homicide is Murder

Synopsis

• Introduction
• Meaning of Culpable Homicide under BNS
• Meaning of Murder under BNS
• Relationship between Culpable Homicide and Murder
• Why All Murders are Culpable Homicide
• Why Not All Culpable Homicide is Murder
• Examples Illustrating the Difference
• Conclusion

Introduction

In criminal law, especially under the Bharatiya Nyaya Sanhita, 2023 (BNS), the concepts of culpable homicide and murder deal with unlawful killing of a human being. These two offences are closely related, but the degree of intention and surrounding circumstances decide whether the act is murder or culpable homicide not amounting to murder.

Meaning of Culpable Homicide Under BNS

Under Section 101, Bharatiya Nyaya Sanhita, 2023, a person commits culpable homicide if he causes the death of another human being:

• 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 his act is likely to cause death.

Thus, culpable homicide is the unlawful causing of death with intention or knowledge.

Meaning of Murder under BNS

Under Section 103, Bharatiya Nyaya Sanhita, 2023, culpable homicide becomes murder when the act is done with a higher level of intention or cruelty, such as:

• The act is done with the intention to cause death, or
• The injury intended is sufficient in the ordinary course of nature to cause death, or
• The offender knows his act must, in all probability, cause death, or
• The act is so imminently dangerous that it must cause death.

Thus, murder is an aggravated form of culpable homicide.

Relationship Between Culpable Homicide and Murder

Culpable homicide is the genus (broader category).
Murder is the species (specific, more serious form).

So:

• Every act of murder is first culpable homicide.
• But every culpable homicide does not reach the high level of intention required for murder.

Why All Murders are Culpable Homicide

To commit murder, the person must have intentionally caused death or intended such bodily injury that death is almost certain. These mental elements (intention/knowledge) also satisfy Section 101 (Culpable Homicide).

Hence, murder always includes all ingredients of culpable homicide.

Why Not All Culpable Homicide is Murder

Sometimes the offender:

• Did not intend to cause death,
• Did not intend an injury sufficient to cause death,
• Only had knowledge of likelihood of death (not certainty),
• Acted in sudden fight, provocation, or without premeditation.

Such cases fall under Section 105, BNS — Culpable Homicide Not Amounting to Murder.

Therefore, culpable homicide becomes murder only when intention/knowledge crosses a higher threshold described in Section 103.

Examples Illustrating the Difference

Example 1: Murder (Section 103, BNS)

A, with a clear plan, stabs B in the chest with a long knife aiming at the heart.

• The injury is sufficient in the ordinary course of nature to cause death.
  This is murder because A intended to cause death.

Example 2: Culpable Homicide Not Amounting to Murder (Section 105, BNS)

A and B get into a sudden quarrel during a cricket match. In anger, A hits B with a wooden bat once. B dies due to internal bleeding.

• There was no intention to cause death.
• The incident happened in sudden fight without premeditation.
  This is culpable homicide not amounting to murder, not murder.

Example 3: Culpable Homicide (Knowledge Only) (Section 101, BNS)

A drives a truck at very high speed through a crowded market knowing that his act is likely to cause death, and a person dies.

• A had knowledge of likelihood, but not intention to kill.
  This is culpable homicide, but not murder.

Example 4: Exception – Grave and Sudden Provocation (Section 105 Exception)

A sees someone molesting his minor daughter and in sudden provocation attacks the offender, unintentionally causing death.

• The intention to kill is missing.
• Protected by “grave and sudden provocation.”
  This is culpable homicide not amounting to murder.

Conclusion

Culpable homicide is the broader category dealing with unlawful killing with intention or knowledge. Murder is a special and more serious form where the intention is of the highest degree or circumstances show extreme recklessness.

Therefore, every murder is culpable homicide, but many acts of culpable homicide fall short of murder because the intention is less severe or circumstances justify reduction of liability.