Difference Between Culpable Homicide and Murder

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:39 PM IST

Introduction

Both Culpabale Homicide and Murder are grave offences mentioned in the Indian Penal Code 1860 under Criminal Law. The offences of culpable Homicide and Murder are offences against the human body. Culpable Homicide is mentioned under Section 299 of the Indian Penal Code and Section 304 of the Indian Penal Code deals with culpable homicide not amounting to murder. The offence of murder is given under section 300 of the Indian Penal Code 1860 and the punishment for Murder is mentioned under section 302 of the Indian Penal Code 1860 in Legal Studies.

This Story also Contains

Introduction
Culpable Homicide
Murder
Difference between Culpable Homicide and Murder
Case laws on Culpable Homicide and Murder
Conclusion

Difference Between Culpable Homicide and Murder

Culpable Homicide

One of the worst crimes against the human body is culpable homicide. The word "culpable" comes from the Latin word "culpe," which means punishment. The Latin word "Homo + Cida," which translates to "human being + killing," is where the word "homicide" originates. It refers to a person killing another person. Section 299 of the Indian Penal Code 1860 deals with the offence of Culpable Homicide.

Since all that is required for a homicide to occur is a voluntary act or omission that results in the death of another, homicides can occur as a result of unintentional, thoughtless, or reckless conduct even in the absence of malicious intent.

Essentials to Constitute the Offence of Culpable Homicide

1. The act must lead to the death of a person

2. The cause of the death must be an act by another person

3. The act that caused death must be done with-

To cause death
To cause bodily injury resulting in death
Knowing that such an act will cause death

The mere fact that a human being dies is insufficient. An act that results in death cannot be considered a Culpable Homicide unless it is accompanied by one of the mental states listed in the component.

Culpable Homicide not amounting to murder

Section 299 of the Indian Penal Code 1860 deals with the essentials of culpable Homicide not amounting to murder. These three crucial elements need to be proven for culpable homicide not amounting to murder-

To cause death
To provide bodily which may result in death
Knowing that the act will result in death

The punishment for culpable homicide not amounting to murder is given under Section 304 of the Indian Penal Code 1860. Part 1 of Section 304 says that Anyone found guilty of culpable homicide that does not qualify as murder faces life in jail or a sentence of imprisonment of either kind. which may last up to ten years, and they might also face fines if the conduct that resulted in the death was done with the intent to kill someone or create a bodily injury that would likely result in death.

Part 2 of Section 304 of IPC says that Anyone found guilty of culpable homicide that is not murder will be punished with a fine, 10 years' worth of imprisonment of any kind, or with both. if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

Conditions when Culpable homicide does not amount to murder-

If the right to private defence is being used, then culpable homicide does not constitute murder.
If a public official commits culpable homicide while acting in good faith, it is not considered murder.
If culpable homicide is carried out spontaneously during a furious altercation, it does not qualify as murder.
When the victim of culpable homicide is older than eighteen and either dies or accepts the danger of dying voluntarily, it is not considered murder.

Culpable Homicide Amounting to murder

Section 300 of the Indian Penal Code 1860 mentions the essential elements to be proven for Culpable homicide amounting to murder. The following are the critical elements to prove Culpable Homicide amounting to murder. They are-

To cause death
To provide bodily injury, with the offender knowing that such injury will lead to death
The bodily injury provided is sufficient enough to cause death

The act's perpetrator is aware of the extreme danger involved, which increases the likelihood that it will result in death or a serious bodily injury that could kill, and they are acting without justifying taking such a risk.

Murder

Murder is given under Section 300 of the Indian Penal Code 1860, According to Section 300 IPC, Culpable Homicide is considered Murder if-

An act is done to cause death
The act is performed with the awareness that it will probably result in death since the perpetrator intends to cause such severe bodily harm.
The conduct is carried out to cause bodily harm to a person, and the intended harm is severe enough to result in death under normal circumstances.
The perpetrator of the act is aware that it is extremely risky and will almost certainly end in death or serious physical harm that could lead to death.

The term "murder" comes from the German word "morth," which means "covert killing." It tells about the intentional, planned murder of one person by another. In contrast to culpable homicide, this offence is seen as more severe.

Different types of Murder

Most planning goes into first-degree murders in comparison to the victim.
Murders in the second degree occur when there is a clear purpose to hurt the victim but not to kill them.
Third-degree murders are committed because of the offender's carelessness or apathy.
A person who has helped an offender commit a crime is charged with fourth-degree murder.
Although justifiable homicide is murder, it is not prosecuted as such because it takes place in self-defence.
When a third party perishes while a crime is being committed, it is known as felonious murder.

Exceptions to Section 300 of the Indian Penal Code 1860

Grave and Sudden provocation

If the perpetrator kills the person who provoked them or kills someone else by accident or error while being rendered incapable of controlling their actions, that is considered culpable homicide rather than murder.

For instance, X confronted Y after learning that his partner had faked his signatures to steal his property, and the two got into a heated confrontation. Then, X killed Y right away by striking her in the head with a stone he picked up off the road. This would be regarded as a serious and direct provocation.

Exercising the right of private Defence

According to Section 300 of the Code's Exception 2, culpable homicide is not considered murder if the perpetrator uses their right to private defence of person or property in good faith.

For Example- If the person accused of killing another person (X) can prove that the gun used was actually brought by Y to kill X, and that Y actually intended to kill X but the gun accidentally fired in self-defence, killing Y instead, then this would be considered culpable homicide rather than murder.

While Exercising Legal powers

If the perpetrator surpasses the legal authority granted to him as a public servant or in support of a public servant working to further public justice, then culpable homicide is not murder and causes the death by acting in a way that, while acting in good faith and without malice towards the person whose death is caused, he thinks to be legal and essential for the proper performance of his duties as such public official.

Essential elements of this exception-

The act must be caused by a public servant
The act must be caused by a public servant in the ambit of discharging his official duties
The act done by the public servant should exceed the powers inferred to him by the law
The result of the act should be in good faith
The act done by the public servant should be within the law and should be done to discharge his official duties
The act done by the public servant should not be because of any evil intention towards the person

The reason for death is a Sudden fight

If culpable homicide is carried out amid an intense argument without any prior planning, without undue advantage being taken, and without the perpetrator acting cruelly or unusually, it is not considered murder.

Essential element of this exception-

Premeditation is missing in this act
The act is the result of a sudden fight
The act is the result of the heat of passion
The act is the result of a sudden Quarrel

Consent of the dead person or Euthanasia

When the victim of culpable homicide is older than eighteen and either dies or accepts the risk of dying with his own free will, it is not considered murder.

Essential element of this exception-

It should be a consensual death
The deceased should be an adult or above 18 years of age
The consent of the person should be free and shouldn’t be through any force.

Punishment for Murder

The punishments for murder are given under Sections 302, 304(1) and 304(2) of the Indian Penal Code. The punishment for murder is divided based on degrees of murders-

Section 302 of the Indian Penal Code provides the death sentence or life in prison for first-degree culpable homicide, however, the latter is usually saved for the very rarest of circumstances.l Code 1860,

Section 304 Part 1 of the Indian Penal Code, deals with the second degree of murder which stipulates a maximum 10-year prison sentence along with an additional fine.

Section 304 Part 2 of the Indian Penal Code, deals with the third degree of murder which recommends life in prison or a term of imprisonment of any kind that must not be less than seven years but may be as long as life.

Difference between Culpable Homicide and Murder

According to section 299 of IPC an individual who intentionally causes death, intends to cause physical harm that is likely to cause death, or knows that their actions are likely to cause death, is guilty of the crime of culpable homicide. Whereas in murder the offender possesses the clear intention to cause death to a person. The difference between Culpable Homicide and Murder is-

Differences	Culpable Homicide	Murder
Nature off crime	Culpable Homicide is a GENUS	Murder is a SPECIES of Culpable Homicide
Legal provisions	Culpable Homicide is defined under section 299 of the Indian Penal Code 1860	Murder is defined under Section 300 of the Indian Penal Code 1860
The intention of the Act	According to IPC Culpable Homicide involves causing the death of a person without specific intent but knowing that the action will lead to death	According to IPC murder involves the death of a person with premeditation, knowledge and intention.
Punishment under IPC	Under Section 304 of IPC the death is caused to cause death is punished with imprisonment for life along with a fine	Under section 302 of IPC, an offender committing murder will be sentenced to death or life imprisonment along with a fine.
Cause of the Act	In Culpable Homicide, death is caused due to negligence, without Permediation or recklessness	In the case of murder, the offender precisely does the planning and executes it according to the plan
Level of intention	The lower level of intent is present in Culpable Homicide not amounting to murder	A higher level of intent is present in Murder like malice aforethought
Unexpected Provocation	In the heat of the moment, a sudden fight results in Culpable Homicide	In murder, the act is deliberately done and does not contain any sudden fight or heat of passion

Case laws on Culpable Homicide and Murder

In the Case of Dauvaram Nirmalkar v. State of Chhattisgarh ( 2022)

The appellant in this instance was found guilty of killing his sibling. At the police station, he confessed himself, but it was not accepted. Regarding the firearms that were found, he also made a statement. Because the dead was an alcoholic, the murder was committed in response to the deceased's unexpected provocation. The Honorable Supreme Court was presented with the case.

The issue raised in this case was Whether the accused's actions qualified as an exemption to murder or constituted murder.

The Honourable Supreme Court in this case held that The court took note of the family members' testimonies, which demonstrated that the dead was an alcoholic who frequently threatened and mistreated the accused. Additionally, the accused had attempted suicide. There was also a loss of self-control at that point, and the accused killed him as a result of his brother's provocative actions. As a result, the conviction of the accused was changed by the Honorable Supreme Court from Section 302 to Paragraph 1 of Section 304 IPC.

The Sheena Bora Murder Case

The actual murderer, Indrani Mukherjea, was the mother of Sheena Bora and was responsible for organizing her daughter's death. Indrani Mukherjea asserted that Sheena was her sister, and she never acknowledged having two kids. The murky financial practices of Indrani Mukherjea and her husband Peter Mukherjea came under scrutiny.

Conclusion

The distinction between culpable homicide and murder is subtle. Murder is just one kind of homicide in a group. The most important thing to keep in mind is the purpose of the offence. Even though both offences have the same outcome, the courts have often attempted to distinguish between them.All of this is determined by an individual's Mens Rea, or "guilty intention." A murder occurs when someone kills another person on purpose; nevertheless, culpable homicide occurs when someone kills someone without intending to or without knowing they were going to.

Frequently Asked Questions (FAQs)

1. What is the meaning of Culpable Homicide?

2. Is Culpable Homicide a bailable offence?

Culpable Homicide is a non-bailable offence as given under the Indian Penal Code 1860

3. What is the maximum punishment for Culpable Homicide?

The maximum Punishment for a Culpable Homicide is 10 years of imprisonment.

4. What is murder under IPC?

Murder is given under Section 300 of the Indian Penal Code 1860. In murder, the offender possesses the clear intention to cause death to a person.

5. What is the punishment for murder?

Under section 302 of IPC, an offender committing murder will be sentenced to death or life imprisonment along with a fine

6. Why culpable homicide is not murder?

Culpable homicide is not murder if it is committed without premeditation in the heat of passion during a sudden conflict, and the criminal has not taken unfair advantage or acted in a harsh or unusual manner.

7. What is the difference between Section 299 and 300 IPC?

The primary distinction between these two parts is that murder needs a definite purpose to cause death, whereas culpable homicide not amounting to murder does not.

8. What is the difference between IPC 300 and 302?

Murder is a crime defined under Section 300 of the Indian Penal Code. However, section 302 (IPC) discusses the punishment for murder. Thus, section 302 IPC discusses the legal law that establishes penalty for this terrible act.

9. Can a case of culpable homicide be elevated to murder? If so, under what circumstances?

Yes, a case initially classified as culpable homicide can be elevated to murder if new evidence emerges showing a higher degree of intent or premeditation. This might occur if investigators discover proof of planning, a clear motive, or a more deliberate act than initially thought.

10. How does the principle of "year and a day rule" historically affect murder and culpable homicide cases?

The "year and a day rule" was a common law principle stating that a death occurring more than a year and a day after the act causing it could not be treated as murder. While this rule has been abolished in many jurisdictions, its historical application affected both murder and culpable homicide cases. In modern law, causation is determined based on medical evidence rather than an arbitrary time limit.

11. How do different jurisdictions vary in their definitions and distinctions between culpable homicide and murder?

Definitions and distinctions can vary significantly between jurisdictions. Some may use different terms (e.g., manslaughter instead of culpable homicide), while others may have multiple degrees of murder or culpable homicide. The specific elements required for each charge and the circumstances that differentiate them can also differ, reflecting local legal traditions and societal values.

12. How does the concept of "diminished responsibility" affect the classification of a killing?

Diminished responsibility is a partial defense that can reduce a murder charge to culpable homicide. It applies when the accused's mental state at the time of the killing was substantially impaired, affecting their ability to understand their actions or exercise self-control, but not to the extent of insanity.

13. What is the importance of "causation" in both culpable homicide and murder cases?

Causation is crucial in both types of cases. The prosecution must prove that the defendant's actions were the direct or proximate cause of the victim's death. This can be more straightforward in murder cases with clear intent, but may be more complex in culpable homicide cases, especially those involving negligence or indirect actions leading to death.

14. What is the significance of "duty of care" in culpable homicide cases, and how does it differ from murder cases?

Duty of care is particularly relevant in culpable homicide cases involving negligence. It refers to a legal obligation to take reasonable care to avoid causing harm to others. In such cases, a breach of this duty leading to death can result in a culpable homicide charge. In murder cases, duty of care is generally less relevant as the focus is on intentional acts rather than negligence.

15. What is the relevance of "omission" in culpable homicide cases, and how does it differ from acts of commission in murder cases?

Omission refers to a failure to act when there is a legal duty to do so. In culpable homicide cases, an omission that leads to death (such as failing to provide necessary care) can be grounds for charges. In murder cases, charges are typically based on acts of commission (active actions taken to cause death), though omissions can sometimes form the basis of murder charges if there was a clear intent for the omission to cause death.

16. How does the principle of "eggshell skull" or "thin skull" apply in both murder and culpable homicide cases?

The eggshell skull rule states that a defendant takes their victim as they find them, meaning they are responsible for the full extent of harm caused, even if the victim had a pre-existing condition that made them more vulnerable. This principle applies to both murder and culpable homicide cases, potentially affecting the outcome if an action that might not normally cause death does so due to the victim's particular vulnerability.

17. What is the significance of "intervening acts" in determining culpability in both murder and culpable homicide cases?

Intervening acts are events that occur between the defendant's action and the victim's death. In both murder and culpable homicide cases, these can affect the determination of causation. If an intervening act is deemed to break the chain of causation, it may reduce or eliminate the defendant's culpability. The impact may differ between murder and culpable homicide cases based on the original intent and the nature of the intervening act.

18. What role does "extreme provocation" play in potentially reducing a murder charge to culpable homicide?

Extreme provocation can serve as a partial defense, potentially reducing a murder charge to culpable homicide. It typically requires that the defendant was provoked to such an extent that they lost self-control, the provocation was sufficient to cause a reasonable person to lose self-control, and the defendant acted on the provocation before having a chance to cool off. The key is that it acknowledges a lesser degree of culpability due to the circumstances.

19. What is the fundamental difference between culpable homicide and murder?

The fundamental difference lies in the degree of intent and severity. Murder typically involves a deliberate intention to kill, while culpable homicide involves a lesser degree of intent or negligence that results in death. Murder is generally considered more serious and carries harsher penalties.

20. How does the concept of "mens rea" apply differently to culpable homicide and murder?

In murder cases, the mens rea (guilty mind) usually involves a specific intent to kill or cause grievous bodily harm. For culpable homicide, the mens rea may be a lower level of intent, such as recklessness or criminal negligence, where the accused did not necessarily intend to cause death but should have foreseen the possibility.

21. What role does premeditation play in distinguishing between culpable homicide and murder?

Premeditation is often a key factor in murder cases, indicating a planned and deliberate act. Culpable homicide typically lacks this element of premeditation, often occurring in the heat of the moment or through negligent actions. However, some jurisdictions may still classify certain premeditated killings as culpable homicide based on other factors.

22. How does provocation affect the classification of a killing as murder or culpable homicide?

Provocation can reduce a charge of murder to culpable homicide in many jurisdictions. If the accused can prove they were provoked to such an extent that they temporarily lost self-control, it may be considered a mitigating factor, potentially leading to a lesser charge of culpable homicide instead of murder.

23. What is the significance of "malice aforethought" in distinguishing murder from culpable homicide?

Malice aforethought is a legal concept often associated with murder. It refers to the intention to kill or cause grievous bodily harm, or extreme recklessness regarding human life. Culpable homicide typically lacks this element of malice aforethought, involving instead a lesser form of culpability such as negligence or recklessness.

24. How does the concept of "mercy killing" or euthanasia relate to the distinction between murder and culpable homicide?

Mercy killing or euthanasia presents a complex legal and ethical issue. In many jurisdictions, it may still be classified as murder due to the presence of intent to end life, despite the motivation being compassion. Some jurisdictions may consider it a form of culpable homicide or have specific laws addressing euthanasia. The classification often depends on the specific circumstances and the jurisdiction's laws and societal values.

25. What is the significance of "heat of passion" in differentiating between murder and culpable homicide?

"Heat of passion" is often a mitigating factor that can reduce murder to culpable homicide. It refers to a state of mind caused by provocation, leading to a loss of self-control. If the killing occurred while the defendant was in this state, it may be considered culpable homicide rather than murder, as the element of premeditation is typically absent.

26. What role does motive play in distinguishing between culpable homicide and murder?

While motive is not typically an element that needs to be proven, it can be influential in determining the classification of a killing. A clear motive might support a murder charge by suggesting premeditation and intent. In culpable homicide cases, the absence of a clear motive or the presence of a motive not typically associated with an intent to kill might support the lesser charge.

27. How does the principle of "joint enterprise" or "common purpose" apply differently to murder and culpable homicide charges?

Joint enterprise holds multiple parties responsible for a crime committed by one of them in the course of a common purpose. In murder cases, all participants may be charged with murder if death was a foreseeable outcome of their joint action, even if they didn't personally cause the death. In culpable homicide, the application might be more nuanced, considering each participant's level of involvement and foresight.

28. What is the significance of "voluntary intoxication" in differentiating between murder and culpable homicide charges?

Voluntary intoxication can affect the mental state required for murder or culpable homicide. In some jurisdictions, it may negate the specific intent required for murder, potentially reducing the charge to culpable homicide. However, it's generally not a complete defense, as the defendant is still held responsible for voluntarily becoming intoxicated. The exact impact varies by jurisdiction and the circumstances of the case.

29. What is the difference between voluntary and involuntary culpable homicide, and how do they relate to murder?

Voluntary culpable homicide occurs when there is an intent to kill or cause serious harm, but mitigating circumstances exist (like provocation). Involuntary culpable homicide involves unintentional killing through negligence or recklessness. Murder is more closely related to voluntary culpable homicide but involves a higher degree of intent or malice.

30. How does the concept of "gross negligence" relate to culpable homicide, and how does it differ from the intent required for murder?

Gross negligence is often the basis for involuntary culpable homicide charges. It involves a severe departure from the standard of care expected of a reasonable person, resulting in death. This differs from murder, which typically requires intent to kill or cause grievous bodily harm. The key distinction is that gross negligence involves extreme carelessness rather than a deliberate intention to harm.

31. What role does the defendant's state of mind play in determining whether a killing is classified as murder or culpable homicide?

The defendant's state of mind is crucial in this determination. For murder, prosecutors typically need to prove the defendant had a specific intent to kill or cause grievous bodily harm. For culpable homicide, a lesser mental state such as recklessness or criminal negligence may be sufficient. The exact requirements vary by jurisdiction.

32. How does the concept of "depraved heart murder" relate to the distinction between culpable homicide and murder?

Depraved heart murder is a type of murder charge that doesn't require specific intent to kill, but rather an extreme recklessness or indifference to human life. This concept blurs the line between culpable homicide and murder, as it elevates what might otherwise be considered culpable homicide (due to lack of intent to kill) to murder based on the extreme nature of the recklessness involved.

33. What is the relevance of "oblique intention" in distinguishing between murder and culpable homicide?

Oblique intention refers to cases where the defendant foresees that their actions are virtually certain to cause death or serious harm, even if this is not their primary intention. In many jurisdictions, this can be sufficient for a murder charge. In culpable homicide cases, the foresight of consequences is typically at a lower level, such as awareness of a risk rather than virtual certainty.

34. How does the "felony murder rule" complicate the distinction between culpable homicide and murder?

The felony murder rule allows a killing committed during the course of a dangerous felony to be charged as murder, even if there was no specific intent to kill. This can blur the line between culpable homicide and murder, as the intent to commit the underlying felony is transferred to the killing, potentially elevating what might otherwise be considered culpable homicide to murder.

35. How does the concept of "transferred intent" apply differently to murder and culpable homicide cases?

Transferred intent applies when a person intends to harm one individual but accidentally harms another. In murder cases, the original intent to kill is typically transferred to the actual victim, maintaining the murder charge. In culpable homicide, transferred intent may apply similarly, but the lesser degree of initial intent remains a factor in the charge.

36. How does the presence or absence of a weapon affect the classification of a killing as murder or culpable homicide?

The presence of a weapon, especially if brought to the scene by the defendant, can suggest premeditation and intent, potentially supporting a murder charge. However, the absence of a weapon doesn't preclude a murder charge. In culpable homicide cases, the use of a weapon might indicate recklessness rather than intent to kill, depending on the circumstances.

37. How does the concept of "constructive malice" relate to the distinction between murder and culpable homicide?

Constructive malice is a legal doctrine that allows for a murder charge in cases where the defendant intended to commit a violent felony but not necessarily to kill. This concept blurs the line between murder and culpable homicide, as it can elevate what might otherwise be considered culpable homicide (due to lack of specific intent to kill) to murder based on the intent to commit the underlying felony.

38. What is the relevance of "chain of causation" in both murder and culpable homicide cases?

The chain of causation refers to the sequence of events leading from the defendant's action to the victim's death. In both murder and culpable homicide cases, prosecutors must prove that this chain was not broken by intervening events. However, the standard may differ slightly; in murder cases, where intent is clear, minor breaks in the chain may be more easily overcome than in culpable homicide cases where the connection between action and result might be less direct.

39. How does the principle of "transferred malice" apply differently in murder and culpable homicide cases?

Transferred malice applies when a person intends to harm one individual but accidentally harms another. In murder cases, the original intent to kill is typically transferred to the actual victim, maintaining the murder charge. In culpable homicide, the principle may apply similarly, but the lesser degree of initial culpability (e.g., recklessness rather than intent to kill) is maintained, potentially resulting in a culpable homicide charge rather than murder.

40. What is the significance of "dolus eventualis" in the context of murder and culpable homicide?

Dolus eventualis is a form of intent where the perpetrator foresees the possibility of their action causing death but proceeds regardless. In some jurisdictions, this can be sufficient for a murder charge. In others, it might lead to a culpable homicide charge, as it represents a mental state between direct intent to kill and mere negligence. The exact application varies by legal system.

41. How does the concept of "unlawful act manslaughter" or "constructive manslaughter" relate to the distinction between culpable homicide and murder?

Unlawful act manslaughter occurs when a death results from an unlawful act that was dangerous (i.e., carrying an obvious risk of harm). This is a form of culpable homicide that doesn't require intent to kill or even recklessness towards the risk of death. It differs from murder in that the mental element relates to the underlying unlawful act rather than an intent to kill or cause grievous bodily harm.

42. What role does "diminished capacity" play in potentially reducing a murder charge to culpable homicide?

Diminished capacity is a partial defense that can reduce murder to culpable homicide in some jurisdictions. It applies when the defendant's mental state at the time of the killing was impaired, affecting their ability to form the specific intent required for murder. Unlike insanity, it doesn't completely excuse the act but recognizes a reduced level of culpability, potentially resulting in a culpable homicide charge instead of murder.

43. How does the principle of "supervening act" affect the determination of culpability in both murder and culpable homicide cases?

A supervening act is an event that occurs after the defendant's action and is so significant that it breaks the chain of causation between the defendant's act and the victim's death. In both murder and culpable homicide cases, a supervening act can potentially absolve the defendant of responsibility for the death. However, the threshold for what constitutes a supervening act may be higher in murder cases where there was a clear initial intent to kill.

44. What is the significance of "malice aforethought" in distinguishing between degrees of murder, and how does this relate to culpable homicide?

Malice aforethought is a legal concept often used to distinguish between degrees of murder. It typically involves the intention to kill or cause grievous bodily harm, or extreme recklessness regarding human life. First-degree murder often requires premeditated malice aforethought, while second-degree murder may involve a more spontaneous form. Culpable homicide generally lacks this element of malice aforethought, involving instead a lesser form of culpability such as negligence or recklessness.