Culpable homicide is the causing of death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that the act is likely to cause death. Under Indian law, culpable homicide is defined in Section 299 of the Indian Penal Code, 1860 (now Section 100 of the Bharatiya Nyaya Sanhita, 2023) and is the genus of which murder is the species.
Legal definition
Section 299 of the Indian Penal Code, 1860 provides the statutory definition:
Section 299: Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
The punishment is prescribed by Section 304 IPC, which distinguishes between two degrees:
Section 304 Part I: If the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death — imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 304 Part II: If the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death — imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
The key distinction between Part I and Part II lies in the mental state: Part I involves intention (a higher degree of mens rea), while Part II involves only knowledge (a lower degree).
New law equivalent: Under the BNS, 2023, Section 100 defines culpable homicide in identical language to Section 299 IPC. The punishment is prescribed by Section 105 BNS, which retains the same two-part structure corresponding to the former Section 304 IPC.
How courts have interpreted this term
Reg v. Govinda [(1876) ILR 1 Bom 342]
Justice Melvill of the Bombay High Court delivered one of the earliest and most influential expositions of the distinction between culpable homicide and murder. The Court held that the key differentiator is the degree of probability of death resulting from the act. If death is the most probable result, the offence is murder; if death is merely a likely result, the offence is culpable homicide not amounting to murder. The Court articulated a spectrum: certainty of death (murder) > high probability (murder) > mere likelihood (culpable homicide) > possibility (no culpable homicide).
K.M. Nanavati v. State of Maharashtra [AIR 1962 SC 605]
This celebrated case involved a naval officer who shot his wife's paramour. The Supreme Court examined the distinction between murder and culpable homicide in the context of Exception 1 (grave and sudden provocation) to Section 300. The Court held that the accused's deliberate act of going home, loading a revolver, and proceeding to the victim's office negated the defence of sudden provocation. The "cooling off" period and premeditation prevented the reduction from murder to culpable homicide.
State of Andhra Pradesh v. Rayavarapu Punnayya [(1976) 4 SCC 382]
The Supreme Court provided a systematic framework for distinguishing culpable homicide from murder. The Court laid down a four-step analysis: (1) establish whether the act amounts to culpable homicide under Section 299; (2) if yes, determine whether it falls under any of the four clauses of Section 300; (3) if it falls under Section 300, examine whether any of the five exceptions applies; (4) if an exception applies, the offence is reduced to culpable homicide not amounting to murder under Section 304.
Types of culpable homicide
Culpable homicide under Section 304 IPC is divided into two categories based on the mens rea of the accused:
- Part I — Intention-based: Where the act is done with the intention of causing death or bodily injury likely to cause death. Punishable with life imprisonment or imprisonment up to 10 years, and fine.
- Part II — Knowledge-based: Where the act is done with the knowledge that it is likely to cause death, but without the intention to cause death. Punishable with imprisonment up to 10 years, or fine, or both.
The distinction has significant sentencing implications. A Part I conviction can attract life imprisonment, while a Part II conviction is capped at 10 years.
Why this matters
The relationship between culpable homicide (Section 299) and murder (Section 300) is one of the most complex and frequently examined areas of Indian criminal law. Every murder is a culpable homicide, but every culpable homicide is not murder. The distinction turns on the degree of intention and knowledge, and the presence or absence of the five exceptions under Section 300.
For practitioners, the distinction is of immense practical significance because it determines the sentencing range. Murder under Section 302 IPC attracts death or life imprisonment, while culpable homicide not amounting to murder under Section 304 Part I attracts imprisonment up to life (but not death), and Part II attracts imprisonment up to 10 years. Defence strategy in homicide cases often centres on establishing that the act falls under Section 299/304 rather than Section 300/302.
A common examination and litigation framework uses the "three-level test": First, was the act a culpable homicide at all (Section 299)? Second, does it amount to murder under any clause of Section 300? Third, does any exception under Section 300 reduce it back to culpable homicide? This framework, established in Rayavarapu Punnayya, is the standard analytical approach in Indian courts.
The IPC drafters, under Lord Macaulay, designed Section 299 and 300 as a graduated scale of culpability. The illustration commonly used is a spectrum: at one end, accidental death (no culpable homicide); in the middle, death caused with the knowledge of its likelihood (culpable homicide); and at the extreme, death caused with the intention and near-certainty of the outcome (murder).
Related terms
Specific type:
Related offences:
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Frequently asked questions
What is the difference between culpable homicide and murder?
Culpable homicide (Section 299 IPC / Section 100 BNS) is the genus; murder (Section 300 IPC / Section 101 BNS) is the species. The distinction lies in the degree of mens rea. Murder requires a higher degree of intention or knowledge — either the intention to cause death, the intention to cause an injury that the accused knows will cause death, the intention to cause an objectively fatal injury, or knowledge that the act must in all probability cause death.
What is the punishment for culpable homicide not amounting to murder?
Under Section 304 Part I IPC (Section 105 BNS), where the act is done with intention: imprisonment for life or imprisonment up to 10 years, and fine. Under Section 304 Part II, where the act involves only knowledge: imprisonment up to 10 years, or fine, or both.
Can culpable homicide charges be increased to murder during trial?
Yes. The court can convict for an offence different from the one charged, provided it is a minor offence or the evidence supports the graver charge and the accused was given an opportunity to defend. Under Section 222 CrPC (Section 243 BNSS), a person charged with murder can be convicted of culpable homicide and vice versa.
What are the five exceptions that reduce murder to culpable homicide?
The five exceptions under Section 300 IPC (Section 101 BNS) are: (1) grave and sudden provocation; (2) exceeding the right of private defence in good faith; (3) a public servant acting in good faith exceeding their powers; (4) sudden fight in the heat of passion without premeditation; and (5) death caused with the consent of the person who is above 18 years of age.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.