Bharatiya Nyaya Sanhita 2023: Section 44- Difference Between Culpable Homicide and Murder

The Bharatiya Nyaya Sanhita 2023 (BNS 2023) is a significant legislative development aimed at overhauling India’s criminal justice system. This code is designed to replace the Indian Penal Code (IPC) of 1860, which has been in use for more than 160 years. The new code seeks to modernize the laws, making them more efficient, accessible, and sensitive to the needs of contemporary India.

In this article, we will discuss Section 44 of the Bharatiya Nyaya Sanhita 2023, explaining its provisions in simple terms, its importance, and the case laws that can provide clarity on its interpretation.

Section 44 of the Bharatiya Nyaya Sanhita 2023 deals with “Culpable Homicide” and “Murder”. It defines what constitutes the offenses of culpable homicide and murder and differentiates between the two.

• Culpable Homicide is when someone causes the death of another person with the intention of causing death, but the circumstances might be less severe than those required to label it as murder. It might happen due to provocation or under a mistaken belief.
• Murder is a more serious form of homicide. Under this section, if a person causes the death of another with the intention to kill or with a knowledge that their actions are likely to cause death, it is treated as murder. This is considered a more severe offense than culpable homicide.

The section also lays down the principles for distinguishing between culpable homicide not amounting to murder and murder. This distinction is essential for the courts to decide the appropriate punishment.

Key Elements of Section 44

1. Culpable Homicide:
   • It involves the intention to cause death or harm that is likely to cause death.
   • If the person acted with the intention to cause a bodily injury but did not intend to kill, it can be categorized as culpable homicide.
   • The punishment for this is generally less severe than for murder.
2. Murder:
   • It includes situations where a person intends to kill or causes death with the knowledge that their actions are likely to cause death.
   • The act of murder can be committed in a premeditated manner or in the heat of the moment.
   • Punishments for murder are generally more severe, often leading to a life sentence or the death penalty in the most extreme cases.
3. Key Distinction:
   • The primary difference lies in the intent and knowledge of the offender. If the intention to kill is clear, it amounts to murder. However, if the death occurs due to an act where the intention was not to kill but to cause injury or harm, it could be deemed as culpable homicide.

Application of Section 44: Case Laws

Understanding Section 44 becomes easier when we look at case laws where the distinction between culpable homicide and murder has been debated. Below are some landmark cases that can shed light on how courts interpret this section:

1. State of Maharashtra v. Suresh (1992):
   • In this case, the Supreme Court held that culpable homicide can be differentiated from murder based on intention and knowledge. If a person causes death without the intention to kill but under a mistaken belief that their act would not result in death, the case could be classified as culpable homicide. However, the court also noted that if the person was aware that their act was likely to result in death, it should be considered as murder.
   • This case highlights the importance of understanding the mental state of the accused, which is central to Section 44’s application.
2. Kehar Singh v. Union of India (1988):
   • This case dealt with the punishment for murder and the distinction between culpable homicide and murder. The court ruled that the degree of intention determines the classification. If a person intentionally kills, it is considered murder, but if the death results from an act that shows recklessness or gross negligence, it could be classified as culpable homicide.
   • The court also emphasized that the facts surrounding the crime, such as the manner in which the crime was committed, the weapon used, and the motive, are critical in determining whether it is murder or culpable homicide.
3. Virsa Singh v. State of Punjab (1958):
   • This case is a landmark judgment on the difference between culpable homicide and murder. The court laid down the famous Virsa Singh Test to determine whether an act amounts to murder or culpable homicide. The test includes the following criteria:
     • The nature of the injury caused.
     • The weapon used.
     • The circumstances leading to the act.
     • Whether the act was premeditated or happened impulsively.
   • This case provides a clear guide for interpreting Section 44, helping the courts decide when an offense amounts to culpable homicide or murder.
4. Mohan Lal v. State of Rajasthan (1997):
   • The Supreme Court observed that when the accused has the intention to cause death and the action directly results in death, the offense is considered murder under Section 44. However, in cases where the intention was to cause bodily injury but not necessarily to cause death, the offense may still amount to culpable homicide, depending on the severity of the injury caused.

Importance of Section 44 in the Criminal Justice System

Section 44 plays a vital role in clarifying the difference between two important crimes: culpable homicide and murder. This distinction helps ensure that the punishment matches the severity of the crime. The classification helps courts:

• Determine the appropriate punishment.
• Decide the intent behind the act, which is a critical factor in criminal law.
• Promote justice by ensuring that all factors, such as the mental state of the accused, are considered before rendering a verdict.

Section 44 of the Bharatiya Nyaya Sanhita 2023 is an essential part of the new criminal code. By distinguishing between culpable homicide and murder, it provides clarity on the types of criminal actions that result in death. This distinction is crucial in ensuring that the accused are punished according to the severity of their actions.

The case laws discussed above illustrate how courts have historically interpreted this distinction, focusing on the intention, knowledge, and circumstances surrounding the crime. As the Bharatiya Nyaya Sanhita 2023 comes into effect, it is likely that these principles will continue to guide courts in delivering fair and just outcomes.