Culpable Homicide (Section 100 BNS)
Culpable homicide is the causing of death:
- 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.

It is a generic offence and not necessarily punishable by the severest penalty unless it qualifies as murder.

Murder (Section 101 BNS)
Murder is a graver form of culpable homicide. It includes culpable homicide that is committed:
- With the intention of causing death,
- With the intention of causing bodily injury that the offender knows is likely to cause death,
- With the intention of causing a bodily injury sufficient in the ordinary course of nature to cause death,
- Or when the act is so imminently dangerous that it must, in all probability, cause death.

Murder is culpable homicide with a higher degree of certainty and intention.

Landmark Judgments:
1. Reg v. Govinda (1876) – Bombay High Court
- One of the earliest cases distinguishing the two:
- The accused kicked his wife, who died due to internal injuries.

Held: Not murder but culpable homicide not amounting to murder, as there was no intention to cause death.

2. Virsa Singh v. State of Punjab (1958) – Supreme Court
- The accused stabbed the deceased with a spear in the abdomen.

Held: The injury was sufficient in the ordinary course of nature to cause death, hence murder under Section 300, third clause.

3. State of Andhra Pradesh v. Rayavarapu Punnayya (1976)
- The Court clarified: "Culpable homicide is the genus, and murder is its species."
- Explained the subtle yet vital distinction in the degree of intention and likelihood of death.

4. K.M. Nanavati v. State of Maharashtra (1961)
- Though more known for jury trial implications, the case touched upon provocation and its role in
downgrading murder to culpable homicide not amounting to murder.

5. Sukhbir Singh v. State of Haryana (2002)
- The Court emphasized examining circumstances, motive, and nature of the injury to differentiate murder from culpable homicide.