Punishment for culpable homicide not amounting to murder
What this section does
Prescribes punishment for culpable homicide not amounting to murder, creating two tiers based on the mental element: a higher tier where the act was done with intention to cause death or likely-fatal injury, and a lower tier where the act was done with knowledge that it was likely to cause death but without any such intention.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Higher tier (intentional): imprisonment for life, or imprisonment of either description for not less than 5 years and up to 10 years, and fine. Lower tier (knowledge only): imprisonment of either description up to 10 years, and fine.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- Death of a person was caused by the accused's act
- The act amounts to culpable homicide but does not amount to murder (i.e., one of the exceptions in s.101 applies, or the mental element falls short of murder)
- Higher tier: the act was done with intention to cause death or bodily injury likely to cause death
- Lower tier: the act was done with knowledge that it was likely to cause death, but without intention to cause death or likely-fatal injury
Practitioner note
The higher tier carries a mandatory minimum of 5 years' imprisonment. The lower tier has no mandatory minimum. The distinction between the two tiers is critical at sentencing and must be specifically pleaded and proved.
- IPC Section 304 — Punishment for culpable homicide not amounting to murder
Read the official text
For the binding statutory text of BNS Section 105, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 105 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.