⚖️ Murder vs Culpable Homicide: IPC vs BNS Explained
📌 Key Topics in this Blog
- ⚖️ Definition of Culpable Homicide (IPC)
- 🔪 Definition of Murder (IPC)
- 📘 BNS Provisions on Homicide (100–104)
- 📊 Comparison Table: IPC vs BNS
- 🏛️ Landmark Case Laws
- 📝 Key Takeaways for Exams
One of the most debated topics in criminal law is the distinction between Murder and Culpable Homicide. Both the Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS) deal with these provisions extensively. For judicial services aspirants, understanding these provisions is crucial since they form a regular part of both prelims and mains questions.
📖 Culpable Homicide and Murder under IPC
The IPC defined culpable homicide under Section 299 and murder under Section 300. While Section 299 explains the intent and knowledge elements, Section 300 clarifies when culpable homicide amounts to murder. Punishments are dealt with under Sections 302 and 304, with 301 covering cases of unintended victims.
📘 Culpable Homicide and Murder under BNS
The BNS, introduced in 2023, retains the same framework but renumbers and slightly modifies the provisions:
- Section 100 → Definition of culpable homicide (same as IPC 299).
- Section 101 → Definition of murder (similar to IPC 300) but “Secondly, Thirdly, Fourthly” are replaced by clauses (a), (b), (c), (d). The word “it” has been replaced with “the act by which death is caused.”
- Section 102 → Death caused to a person other than the intended victim (same as IPC 301).
- Section 103(1) → Punishment for murder (similar to IPC 302 but reorganized).
- Section 103(2) → New provision: murder by groups (5 or more) based on caste, religion, sex, language, etc. → punishable with death or life imprisonment.
- Section 104 → Punishment for murder by life-convict: BNS introduces alternative punishment of “life imprisonment for natural life,” unlike IPC where only death sentence was provided.
📊 Comparison Table: IPC vs BNS
| IPC Provision | BNS Provision | Notes / Key Difference |
|---|---|---|
| IPC 299 – Culpable Homicide | BNS 100 – Culpable Homicide | No change in substance. |
| IPC 300 – Murder | BNS 101 – Murder | Formal changes: “Secondly, Thirdly, Fourthly” replaced with clauses (a), (b), (c), (d). Word “it” replaced with “the act by which death is caused.” Essence remains unchanged. |
| IPC 301 – Culpable homicide by causing unintended death | BNS 102 – Same | No substantive change. |
| IPC 302 – Punishment for murder | BNS 103(1) – Punishment for murder | Substantively the same; IPC section included as a subsection in BNS. |
| – | BNS 103(2) – Punishment for group murders | New addition: Group murders on grounds of caste, religion, language, sex, etc. punishable with death or life imprisonment. |
| IPC 303 – Punishment for murder by life-convict | BNS 104 – Same offence | BNS gives alternative punishment: death or life imprisonment (natural life). IPC only provided for death sentence. |
🏛️ Important Case Laws
- Virsa Singh v State of Punjab – clarified intent required for murder.
- State of Andhra Pradesh v R Punnayya – distinction between culpable homicide and murder.
- K.M. Nanavati v State of Maharashtra – sudden provocation reducing murder to culpable homicide not amounting to murder.
📝 Key Takeaways for Aspirants
- The core distinction between murder and culpable homicide remains the same in BNS.
- Two major changes: group murder provision (103(2)) and life-convict alternative punishment (104).
- Exam aspirants should be ready to answer on both IPC & BNS as transition questions are likely.
✅ Conclusion
While the essence of the IPC provisions continues in the BNS, the new provisions reflect modern social realities and human rights concerns. For judicial aspirants, mastery over both sets of provisions and the landmark case laws is essential.
🔗 Read more: IPC vs BNS – Complete Pillar Blog
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❓ Frequently Asked Questions on Murder vs Culpable Homicide
Culpable homicide (IPC 299 / BNS 100) is the causing of death with the intention of causing death or bodily injury likely to cause death. Murder (IPC 300 / BNS 101) is the aggravated form of culpable homicide where the act is committed with a higher degree of intention and knowledge.
The change was made for better clarity and readability. The content remains the same, but the new structure helps students, lawyers, and judges interpret the provisions in a simpler way.
Section 103(2) BNS introduces a new category of aggravated murder when five or more persons commit murder on grounds like race, caste, sex, language, or belief. This reflects India’s attempt to tackle hate crimes and lynching more directly.
Under IPC 303, murder by a life convict was punishable only with death. BNS 104 makes the law more humane by providing an alternative punishment—life imprisonment until the convict’s natural death, in addition to death penalty as an option.
The landmark case is State of Andhra Pradesh v. R. Punnayya (1976), where the Supreme Court explained that culpable homicide is the genus and murder is its species. Another important case is Virsa Singh v. State of Punjab (1958) for intent and injury test.
Aspirants should prepare parallel notes comparing IPC and BNS provisions section by section. They should focus on new insertions like hate crime murder (BNS 103(2)) and alternative punishments (BNS 104), as these are likely to be tested in exams.
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