Offences Against the Human Body – Culpable Homicide & Murder

24 Oct 2026

Subject: Criminal Law (IPC / Bharatiya Nyaya Sanhita)
Scope: Culpable Homicide, Murder, Exceptions to Murder, Dowry Death, Rash & Negligent Acts, and Attempt to Murder.

1. Culpable Homicide

IPC, 1860 - Sec 299 BNS, 2023 - Sec 100

A person commits culpable homicide if death is caused by an act done:

With the intention of causing death.
With the intention of causing bodily injury likely to cause death.
With the knowledge that the act is likely to cause death.

Key Idea: Culpable homicide is the genus from which murder emerges.

2. Murder

IPC, 1860 - Sec 300 BNS, 2023 - Sec 101

Culpable homicide becomes murder when the act is done:

With the intention of causing death.
With the intention of causing such bodily injury as the offender knows is likely to cause death.
With the intention of causing bodily injury sufficient in the ordinary course of nature to cause death.
With knowledge that the act is so imminently dangerous that it will probably cause death or such bodily injury as is likely to cause death.

Exam Formula:
Every Murder is Culpable Homicide, but every Culpable Homicide is not Murder.

3. Difference Between Culpable Homicide & Murder

Factor	Culpable Homicide	Murder
Section	IPC Sec 299 BNS Sec 100	IPC Sec 300 BNS Sec 101
Degree of Intention	Lower	Higher
Probability of Death	Likely	Almost Certain
Nature	Genus	Species

4. Five Exceptions to Murder

If any exception applies, Murder is reduced to Culpable Homicide Not Amounting to Murder.

Exception	Ground
Exception 1	Grave and Sudden Provocation
Exception 2	Exceeding Right of Private Defence
Exception 3	Exceeding Power by Public Servant
Exception 4	Sudden Fight Without Premeditation
Exception 5	Consent of Person Above 18 Years

Exception 5: The deceased must be above 18 years of age.

5. Special Homicide Related Offences

Causing Death by Negligence

IPC Sec 304A BNS Sec 106

Causing death through a rash or negligent act not amounting to culpable homicide.

Dowry Death

IPC Sec 304B BNS Sec 80

Death occurs otherwise than under normal circumstances.
Within 7 years of marriage.
Woman subjected to cruelty or harassment for dowry.

Presumption: Evidence Act Sec 113B BSA Sec 118

Attempt to Murder

IPC Sec 307 BNS Sec 109

Act done with such intention or knowledge that, if death had resulted, the offender would be guilty of murder.

6. Landmark & Recent Cases

R v. Govinda (1876)

Distinguished IPC Sec 299 and IPC Sec 300 on the basis of degree of probability of death. The classic distinction between culpable homicide and murder.

K.M. Nanavati v. State of Maharashtra (1962)

Leading case on Grave & Sudden Provocation. Introduced the reasonable person test and emphasized the effect of cooling-off period.

Gyan Kaur v. State of Punjab (1996)

Held that Article 21 does not include a Right to Die. Section 309 IPC was held constitutionally valid.

Navtej Singh Johar v. Union of India (2018)

Decriminalized consensual homosexual acts between adults under IPC Section 377.

7. Bare Act Navigation Tips for AIBE

IPC ↔ BNS Mapping

IPC Sec 299 → BNS Sec 100 (Culpable Homicide)
IPC Sec 300 → BNS Sec 101 (Murder)
IPC Sec 302 → BNS Sec 103 (Punishment for Murder)
IPC Sec 304A → BNS Sec 106 (Negligence)
IPC Sec 304B → BNS Sec 80 (Dowry Death)
IPC Sec 307 → BNS Sec 109 (Attempt to Murder)

Most Asked Numbers

Exception 5 Victim Age → 18 Years
Dowry Death Period → 7 Years of Marriage

AIBE Quick Revision Formula

Sec 299 = Culpable Homicide, Sec 300 = Murder, Sec 304A = Negligence, Sec 304B = Dowry Death, Sec 307 = Attempt to Murder, Nanavati = Grave & Sudden Provocation, Govinda = Difference between 299 & 300.