Old law lookup

IPC Section 304

Punishment for culpable homicide not amounting to murder

New section under BNS

BNS Section 105— Punishment for culpable homicide not amounting to murder

Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the IPC.

What the new 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.

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

For the full text of the new section, see the linked BNS page above. For the binding statutory text, refer to the India Code or the Gazette of India. This reference is informational, not legal advice.