1.Where, culpable Homicide is defined under Section 100 of BNS, 2023. & Murder u/s 101 of the said Act. "Culpable Homicide is genus and 'murder' is it's species."

2. culpable Homicide is of three degrees 1) Murder (101) 2) Culpable Homicide (100) 3) culpable Homicide where death caused but without intention to cause death of that person rather of other person u/s (102)

3.Culpable Homicide defined u/s 100,An act with Intention of death or Intention of Bodily injury that is likely to cause death or knowing that it is likely to cause death.

4.Murder is defined u/s 101,An act with intention of case of death or Intention of bodily injury which is likely to cause death with Knowledge or with of intention of bodily injury which is sufficient in ordinary course to cause death or with act which caused death, which is of imminently dangerous in all propabilities and without any excuse.

5.But, There are five Exception to murder

Exception-1:-Grave and sudden provocation.Culpable Homicide is not Murder, if offender deprived his self-control on grave & sudden provocation Where death cause of a person who gave provocation or any other person by mistake.

Exception-2 :- Culpable Homicide is not murder if offender in good faith of his right of private defence exceed beyond given by law causes death against whom he exercised without premeditation and without intention.

Exception-3 :- culpable Homicide is not murder if public servant exceed power given by law where death causes and he believes in good faith necessary while discharging his duty.

Exception-4 :-culpable homicide is not murder if it committed without premeditation and in sudden fight and in heat of passion.

Exception-5:-Culpable homicide is not murder if death caused with the consent of age above eighteen years.

6.Illustration :-

A.A knowing that Z is under labouring dieseases that blow with intention that causing bodily injury that likely to cause death. Here A is guilty of murder. But if,A is unknown of Z's labouring under dieasease even if blow with intention of bodily injury A is not guilty with murder.

B.A shoots B with intention to kill B. A Committy murder.

C.A knows B is behind bush, C doesn't know it. A induces C to fire at bush so likely to cause death of B. C is not guilty of any offence but A is guilty of culpable homicide.

7.In case of,

Rajwant Singh V/S State of Kerala, 1966

It was held that Difference between culpable homicide and murder is of special mens rea. Presence with Four mental attributes given under Section 101 (clause a to d). that time section 300 of IPC.

8.In KM Nanavati vs State of Maharastra, 1962

previous conduct of offender concludes whether the act was done with grave and sudden provocation

10.Punishment :-

U/s 103, punishment for murder is death or life imprisonment and shall also be liable for fine.

U/s 105 ,If culpable homicide committed as per section 100 shall be punished with life imprisonment or imprisonment of either description not less than five years which may extend upto Ten years. and with fineand if culpable homicide as per section 102 where death cause of person other than intended imprisonment of either description may extend upto ten years with fine.

So, All Murders are culpable homicide but vice-versa is not true.

Study Notes

​All murders are culpable homicide but all culpable homicides are not murder.

All murders are culpable homicide but all culpable homicides are not murder.