Culpable Homicide & Murder: A Complete Comparison of IPC vs Bharatiya Nyaya Sanhita (BNS), 2023
By Adv. Prakash Chand Sharma
Chartered Engineer | High Court Advocate | CAO
Founder – Zumosun Universe, Techlam Legal Solutions, JPSD Taxsun LLP
Powered by: TheLegalCourt.com | TheLegalBank.com
Introduction
Homicide law is one of the most critical domains of criminal jurisprudence. With the transition from the Indian Penal Code, 1860 (IPC) to the Bharatiya Nyaya Sanhita, 2023 (BNS), the fundamental principles of culpable homicide and murder remain consistent, but the structure and section numbers have changed.
This article provides:
✔ Clear definitions
✔ Exact IPC Sections
✔ Exact BNS Clauses
✔ A side-by-side comparison
✔ Legal interpretation relevant for courts, corporates, and enforcement
🌟 1. Meaning of Homicide
"Homicide" refers to the killing of a human by another human. It may be:
-
Lawful – private defence, lawful force
-
Unlawful – leading to homicide offences
-
Excusable – accidents, lack of intention
The classification determines the gravity of criminal liability.
🌟 2. IPC Definition – Culpable Homicide (Section 299)
Under Section 299 IPC, a person commits culpable homicide if:
“He causes death with the intention of causing death,
or
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.”
Key elements:
-
Intention
-
Knowledge
-
Likelihood of death
🌟 3. IPC Definition – Murder (Section 300)
Murder is culpable homicide of the highest degree.
A culpable homicide becomes murder when:
-
There is strong intention to cause death, or
-
Intention to cause bodily injury likely to cause death, or
-
Injury sufficient in ordinary course to cause death, or
-
Act so imminently dangerous that death must ensue
🌟 4. IPC Punishment Sections
| Offence | IPC Section | Punishment |
|---|---|---|
| Murder | 302 | Death or life imprisonment |
| Culpable Homicide not amounting to Murder | 304 | 2 parts – severe to moderate culpability |
| Causing Death by Negligence | 304A | Negligence causing death |
🌟 5. BNS 2023 – Updated Clauses
Under BNS:
| Offence | BNS Clause | Explanation |
|---|---|---|
| Culpable Homicide | Clause 101 | Equivalent of IPC 299 |
| Murder | Clause 103 | Equivalent of IPC 300 |
| Attempt to Murder | Clause 109 | Equivalent of IPC 307 |
| Attempt CH Not Amounting to Murder | Clause 108 | Equivalent of IPC 308 |
| Causing Death by Negligence | Clause 106 | Equivalent of IPC 304A |
| Dowry Death | Clause 103(3) | Retained from IPC 304B |
🌟 6. IPC vs BNS – Exact Replacement Mapping
| IPC Section | Subject | BNS Clause | Change |
|---|---|---|---|
| 299 | Culpable Homicide | Clause 101 | Meaning retained |
| 300 | Murder | Clause 103 | Definition unchanged |
| 302 | Punishment for Murder | Clause 103(2) | Same punishment |
| 304 | CH Not Amounting to Murder | Clause 101(2) | Same structure |
| 304A | Death by Negligence | Clause 106 | Slightly revised penalty |
| 307 | Attempt to Murder | Clause 109 | Structure same |
| 308 | Attempt to CHNM | Clause 108 | Structure same |
| 304B | Dowry Death | Clause 103(3) | Retained |
🌟 7. The Core Difference (Same Under IPC & BNS)
| Concept | Culpable Homicide | Murder |
|---|---|---|
| Intention | Yes | Strong, clear |
| Knowledge | Yes | Very high |
| Probability of death | Likely | Almost certain |
| Punishment | Lower | Highest |
Culpable Homicide is the genus
Murder is the species
This classical doctrine remains unchanged in the new BNS.
🌟 8. Exceptions – When Murder Becomes Culpable Homicide
Both IPC & BNS recognize the same 5 exceptions:
-
Grave & sudden provocation
-
Exceeding private defence
-
Public servant acting in good faith
-
Sudden fight without premeditation
-
Consent for risk of harm
These reduce murder to culpable homicide.
🌟 9. Illustrations (Practical Legal Examples)
🔹 Example 1 – Murder
A stabs B in chest intentionally → Death → Murder
🔹 Example 2 – Culpable Homicide
A strikes B with heavy stick knowing risk → Death → Culpable Homicide
🔹 Example 3 – Exception → CHNM
Sudden fight → No premeditation → Not murder
🌟 10. Corporate, Compliance & Governance Relevance
Understanding homicide classification affects:
-
Security operations
-
Industrial accidents
-
HR & workplace injuries
-
Medical negligence cases
-
Hotel, mall, and public safety operations
-
Corporate criminal liability
Intent vs knowledge determines risk exposure.
🟦 Conclusion
The distinction between culpable homicide and murder remains legally identical under both IPC and BNS. The new code simply updates structure and language while preserving the foundational principles.
For legal professionals, corporates, enforcement agencies, and institutions, understanding both IPC and BNS together is essential for accurate legal interpretation, compliance, and litigation strategy.
Author
Adv. Prakash Chand Sharma
Chartered Engineer | High Court Advocate | CAO
Founder – Zumosun Universe, Techlam Legal Solutions, JPSD Taxsun LLP
Powered by: TheLegalCourt.com | TheLegalBank.com
