● Modified in BNS
Culpable homicide not amounting to murder is punished in two limbs depending on the offender state of mind. BNS Section 105 restructures IPC Section 304 by adding a mandatory minimum sentence for the intention limb and making fine compulsory in both.
Section 304 IPC punished culpable homicide not amounting to murder in two limbs: if the act was done with the intention of causing death or such bodily injury as is likely to cause death — imprisonment for life or up to 10 years, and fine; if done merely with knowledge that it is likely to cause death — up to 10 years, or fine, or both.
BNS Section 105 restructures the provision: where the act is done with intention — imprisonment for life, or a term of not less than 5 years extendable to 10 years, and fine; where done with knowledge only — a term extendable to 10 years, and fine.
Renumbered to BNS 105. A minimum sentence has been introduced for the intention limb, and fine is now mandatory rather than optional.
Where the act was done with intention to cause death, or bodily injury likely to cause death: imprisonment for life, or 5 to 10 years, and fine. Where done merely with knowledge that death is likely: imprisonment up to 10 years, and fine..
IPC 304 is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 304 are tried before the Court of Session..
Common defences include the general exceptions -- private defence and grave and sudden provocation -- absence of the intention or knowledge required for either limb, and that the injury was not, on medical evidence, of a kind likely to cause death.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons