Culpable Homicide vs. Murder

Under the Bharatiya Nyaya Sanhita (BNS), 2023, the distinction between culpable homicide and murder is one of the most important in criminal law.

Section 99 — Culpable Homicide

Causing death with:

• The intention of causing death, or
• The intention of causing bodily injury likely to cause death, or
• The knowledge that the act is likely to cause death

Section 100 — Murder

Culpable homicide becomes murder when:

1. The act is done with the intention of causing death
2. The bodily injury intended is sufficient in the ordinary course of nature to cause death
3. The act is so imminently dangerous that it must in all probability cause death

The Key Test

Murder: “Was death the most probable result?” Culpable Homicide: “Was death a likely result?”

Punishment