Meaning:
When one person causes the death of another person — lawfully or unlawfully.
1️. Types of Homicide
A. Lawful Homicide (Not a Crime)
These are deaths caused with legal justification:
- Private Defence (self-defence under IPC §§ 96–106)
- Accident without criminal intention
- Death by lawful act of public servants (within authority)
B. Unlawful Homicide (Crime)
All criminal forms of causing death fall here:
1. Culpable Homicide (IPC § 299)
– Intention OR knowledge to cause death
– But not the highest degree of intention
Two types:
- Culpable Homicide Amounting to Murder (CHAM) → becomes Murder (covered below)
- Culpable Homicide Not Amounting to Murder (CHNAM) → Less severe than murder
2. Murder (IPC § 300)
A more aggravated form of culpable homicide.
Murder when:
- Act is done with high intention to kill
- Act is so dangerous that death is almost certain
Punishment:
- IPC § 302 – Death penalty or Life imprisonment + fine
3. Special Types
- Dowry Death (IPC § 304B)
- Death by Negligence (IPC § 304A)
- Rash and Negligent Driving Causing Death (also § 279/304A)
- Abetment of Suicide (IPC § 306)
2️. Key Difference: Culpable Homicide vs Murder
| Point | Culpable Homicide (CH) | Murder |
| Intention | Lower | Highest |
| Knowledge | Present | Present |
| Outcome | May or may not intend death | Intends death or knows it’s certain |
| Nature | Less severe | Most severe |
Shortcut Rule:
Every murder is culpable homicide, but every culpable homicide is NOT murder.
3️. Important Defences
- Private / Self Defence
- Sudden Fight
- Grave and Sudden Provocation
- Lack of intention or knowledge
- Accident
4️. Landmark Supreme Court Cases (Easy Memory)
- Virsa Singh v. State of Punjab (1958) – Test for murder intention
- K.M. Nanavati (1961) – Sudden provocation
- State of Andhra Pradesh v. Rayavarapu Punnayya (1976) – Difference between CH and Murder
- Jagriti Devi v. State of Himachal Pradesh (2009) – CH vs Murder classification clarified
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