Online Legal Advice from Insaaf99® Online Lawyer Consultation in India
Online Legal Advice from Insaaf99® Online Lawyer Consultation in India
BNS 2023 has replaced the long-standing IPC which was prevalent in India from 1860. In Indian criminal law, no, according to the Indian criminal law.
The Bharatiya Nyaya Sanhita, 2023, particularly Sections 100 to 146, deals with offences affecting the human body. Among these, the gravest offences carrying the most severe punishments are murder and culpable homicide not amounting to murder. Earlier, these offences were governed under Sections 299 to 304 of Chapter XVI of the Indian Penal Code, 1860, which laid down the legal framework for crimes involving bodily harm and unlawful death.
There are circumstances in which death is provoked or caused intentionally, unintentionally, during an unforeseen fight and/or extreme provocation. In these circumstances, courts take into account the accused's mental state, the circumstances surrounding the crime and their level of intent. The concept of culpable homicide comes into picture here.
The Bharatiya Nyaya Sanhita, 2023 (BNS) deals with culpable homicide as one of the most significant criminal offences pertaining to unlawful death. Murder is the most serious type of homicide but not all instances of homicide that involve culpability is a murder.
This distinction is of critical importance since the punishment, legal liability and the level of the criminal will greatly depend on the intention and knowledge of the accused.
Culpable homicide is when a person intentionally causes another person's death: With the purpose of killing, intending to inflict bodily harm which is likely to cause death, With the awareness that the act will probably lead to death.
In layman's terms, culpable homicide is death caused when a person knows that his or her actions could create a situation that would result in death.
The concept of culpable homicide is a more overarching one under the BNS. It's more severe version, "murder”.
Simply put:
All murders are culpable homicides, but not all culpable homicides are murders.
The difference is based upon:
• Intention,
• The importance of the act,
• Level of knowledge,
• Presence of provocation,
• And surrounding circumstances.
• Essential elements of culpable homicide.
Culpable homicide requires certain elements of the law to apply.
• When a Human Being dies.
• The offence only applies if a person's act causes the death of another person.
• The accused can be charged with attempt, if death doesn't occur, or with hurt.
• A Physical Act by the Accused.
There needs to be an act related to the death, such as:
• Assault,
• Poisoning,
• Shooting,
• Dangerous conduct,
• Or any illegal act or activity that results in death or harmful effects.
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In homicide cases the mental state is the most significant factor.
Courts review if the accused:
• Intended to kill,
• Designed to inflict harmful injuries,
• Or understood that their action had the potential to cause death.
This mental state will dictate whether or not the offence is murder or culpable homicide not amounting to murder.
One of the most important concepts in criminal law is the distinction between intention and knowledge.
| Basis | Intention | Knowledge |
| Meaning | Desire to cause death | Awareness death may occur |
| Mental State | Direct purpose | Awareness of probable consequence |
| Example | Shooting someone deliberately | Driving recklessly through a crowded area |
Example:
When a man stabs another man intending to kill him, it is an act of intention. But when a heavy object is thrown from a roof onto a crowded market, the thrower might not have any particular intent to kill a person but they certainly do know that someone could die.
This distinction is key in Indian courts for the investigation of homicides.
The BNS makes culpable homicide murder when there is much greater intention or brutality involved.
In general, the courts consider an act to be murder when:
• There's clearly a conscious effort to cause death,
• The injury results in death in the normal course of events,
• Or the action is so hazardous that it is virtually guaranteed to result in death.
But even serious acts can be diminished from murder to culpable homicide depending on the existence of certain legal exceptions.
Human behaviour is complex and the BNS acknowledges as such. In some cases, a person can lose control of his or her actions or feel impulsive.
For this reason, there are exceptions provided for in the law that allow for a murder to be downgraded to culpable homicide not amounting to murder.
These include:
• Serious and unexpected provocation
• Sudden battle without forethought
• In excess of the limits of private defence in good faith.
• Acts that were done by public servants in the course of their prescribed duties
• Consent is granted, under certain conditions
Courts examine:
• Whether the act was intentional or not,
• Whether the accused was motivated by some internal state of mind
• The type of weaponry used,
• And if excessive force was used.
Culpable Homicide under Section 105 BNS will be punished as prescribed in this Section of the Code.
| Nature of Offence | Punishment |
| Culpable homicide committed with intention | Life imprisonment or imprisonment up to 10 years and fine |
| Life imprisonment or imprisonment up to 10 years and fine | Imprisonment up to 10 years, or fine, or both |
In extremely serious cases classified as murder, punishment may extend to:
• Life imprisonment, or
• Death penalty.
If death does not happen, but still an attempt is made to commit culpable homicide, then it is punishable as well.
For example:
• Firing at someone but missing,
• Causing serious injuries through the use of a dangerous weapon.
• Or attempting to be unfaithful to his/her partner or to commit a fatal attack without success.
The law punishes such attempts because the intention or knowledge behind the act still exists.
Example 1: Sudden Fight
During a property dispute two people start to argue with each other. In anger, one person hits the other with a wooden stick. Later the victim dies as a result of the injury.
If the court concludes there was no intention to kill, the charge could be deemed culpable homicide instead of murder.
Example 2: Reckless Conduct
Someone drives a car down a busy road at an extremely high speed, even though he knows he may kill someone. But even if the act of killing wasn't the intent, the awareness of probable death can lead to charges of culpable homicide.
Difference Between Murder and Culpable Homicide
| Basis | Culpable Homicide | Murder |
| Seriousness | Less severe | More severe |
| Intention | May or may not involve direct intention | Clear intention to kill |
| Circumstances | Often sudden or provoked | Usually deliberate or highly dangerous |
| Punishment | Up to life imprisonment or 10 years | Death penalty or life imprisonment |
| Exceptions Available | Yes | Death penalty or life imprisonment |
The distinction mainly depends on:
• Degree of intention,
• Brutality,
• Planning,
• And probability of death.
Reg vs Govinda (1876)
In this historic Bombay High court case, the concepts of Murder and Culpable homicide got separated. The man accused of shooting his wife to death in a quarrel with her. But the court ruled the act was dangerous, but lacked the intent to determine it murder.
The court's ruling set the precedent for the courts to approach the issue of intention and circumstances before the imposition of a more severe punishment.
Virsa Singh vs State of Punjab (1958)
It is one of the most significant homicide sentences in India till date. The Supreme Court said that when an injury is willfully and of itself made sufficient to cause death in the ordinary course of nature more than an offence of manslaughter it is murder.
The verdict set a precedent for use in homicide cases nation-wide in India.
K.M. Nanavati vs State of Maharashtra in 1961
The case happened in the most talked about criminal trials India saw when the case saw one officer killing the boyfriend of his wife due to his rudeness towards his wife. The Supreme court did not accept the plea of sudden provocation as they had allowed sufficient time to find out the affair and did what they wanted.
The judgment explained the emotional provocation definition to use for homicide cases in a court.
Boya Badannagari Laxmanna V/S State (2022)
In this particular case the court accepted the plea of convict and downgraded murder charge to a culpable homicide charge, stating that this case was an “unplanned or sudden fight.”
In the determination, the spontaneity and lack of intention was highlighted.
State of Chhattisgarh vs Dauvaram Nirmalkar 2022
In the case of Dauvaram Nirmalkar vs State of Chhattisgarh the Supreme Court observed that the injuries sustained were so severe to clearly reflect the intention to kill and hence the case was considered as murder.
In its determination the court ruled that the type of injuries is a key factor in determining criminal guilt.
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Now when a judge is considering a homicide, the intent, which is intent, is very important.
This highlights a number of Important factors, such as:
• Weapon used,
• Number of injuries,
• Body part targeted,
• Prior planning,
• Sudden provocation
• Behaviour following the incident and attitudes.
This is why two cases involving death may receive completely different punishments.
One may amount to murder, while another may be treated as culpable homicide not amounting to murder.
When it comes to cases involving culpable homicide, murder charges, or criminal liability under the Bharatiya Nyaya Sanhita, 2023, getting timely legal advice is of critical importance. Insaaf99 provides online legal consultation services where people can meet experienced criminal lawyers for legal advice, evaluate their cases, obtain bail and also get guidance about court matters. The platform offers you simple legal guidance, whether you are being accused in a criminal case or assisting victims' families in a case. Insaaf99 also helps users to better comprehend their legal rights, the applicable BNS provisions, the documentation needs, and potential legal options, all leading to more accessible, faster, and simpler legal support.
The concept of culpable homicide as provided in the Bharatiya Nyaya Sanhita, 2023 is an important one of criminal justice wherein every death is not a crime of guilt. When determining if an offence is considered murder versus culpable homicide, an intention, knowledge, provocation and surrounding circumstances are carefully examined by courts in India.
Though this is not so much a 'subtlety', it is an important consideration in all things that lead to punishment and even to justice. As criminal law tools and rights change and develop in certain conditions as per BNS, then the definition of culpable homicide will continue to affect some of the most severe cases that are brought up in Indian criminal law.
