Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

Culpable Homicide not amounting to Murder: A Study

Cite this Article

Kanak Kumari (2025). Culpable Homicide not amounting to Murder: A Study. The Indian Journal for Research in Law and Management, Volume II(Issue 12). Retrieved from https://ijrlm.com/journal/culpable-homicide-not-amounting-to-murder-a-study/

Abstract

In substantive criminal law, one of the most important distinctions is the concept that culpable homicide is not murder. This idea is fundamental to criminal law. The Bharatiya Nyaya Sanhita, 2023 (BNS) has modified the interpretations of these clauses but retains the essential principles listed in the Indian Penal Code (IPC), 1860, with the addition of specifying Sections 100-106. This paper aims to provide a comprehensive account of the crime of culpable homicide not amounting to murder, its elements and legal interpretation, and distinguishing it from murder. Through a literature review of statutory interpretation, cases and jurisprudence, and scholarly analysis of culpable homicide, this analysis demonstrates the BNS maintains even balance between the preservation of human life and ensuring proportionate punishment. This analysis concludes the restructured BNS does maintain moral and legal essence of culpable homicide, while simultaneously advancing accessibility and clarity in criminal law through a doctrinal and comparative methodology.

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The Indian Journal for Research in Law and Management
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2583-9896
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