Section 304 IPC and Section 105 BNS: Punishment for Culpable Homicide Not Amounting to Murder
Section 304 of the Indian Penal Code, 1860 distinguished between culpable homicide involving an intention to cause death or likely fatal injury and culpable homicide involving knowledge of likely death without such intention. Section 105 of the Bharatiya Nyaya Sanhita, 2023 now addresses the corresponding offence, with important changes to punishment.
What did Section 304 IPC provide?
Section 304 IPC prescribed punishment for culpable homicide not amounting to murder. The statutory provision distinguished two forms of culpability:
Part I: Intention
Where the act causing death was done with the intention of causing death, or of causing bodily injury likely to cause death, punishment was imprisonment for life or imprisonment of either description for up to ten years, and liability to fine.
Part II: Knowledge without intention
Where the act was done with knowledge that death was likely, but without intention to cause death or such bodily injury, punishment was imprisonment of either description for up to ten years, or fine, or both.
Section 105 BNS: Current punishment
Section 105 of the Bharatiya Nyaya Sanhita, 2023 retains the distinction between intention and knowledge, but changes the sentencing provisions.
| Situation | Section 304 IPC | Section 105 BNS |
|---|---|---|
| Intention to cause death or bodily injury likely to cause death | Life imprisonment, or imprisonment up to 10 years, and fine | Life imprisonment, or imprisonment for at least 5 years and up to 10 years, and fine |
| Knowledge of likely death, without such intention | Imprisonment up to 10 years, or fine, or both | Imprisonment up to 10 years and fine |
Thus, the BNS introduces a five-year minimum for the fixed-term imprisonment alternative under the intention limb, while making fine mandatory in addition to imprisonment under the knowledge limb. The precise sentence depends on the facts, evidence and applicable law.
Meaning of culpable homicide and murder
Culpable homicide: Under Section 100 BNS (corresponding broadly to Section 299 IPC), a person causes death by doing an act with the intention of causing death, or of causing bodily injury likely to cause death, or with the knowledge that the act is likely to cause death.
Murder: Section 101 BNS (corresponding broadly to Section 300 IPC) identifies circumstances in which culpable homicide amounts to murder, subject to statutory exceptions. Punishment for murder is provided separately under Section 103 BNS (formerly Section 302 IPC).
Culpable homicide not amounting to murder: This arises when the requirements for culpable homicide are met but the offence does not amount to murder, including where a legally applicable exception to murder is established. Classification depends on the actual circumstances and not simply on the fact that death occurred.
How are Part I and Part II distinguished?
The central issue is the accused person's mental state, inferred from the surrounding evidence. Relevant circumstances can include the weapon used, the body part targeted, the nature and number of injuries, the force applied, prior conduct and the events immediately before and after the incident. These are evidentiary factors, not an automatic checklist.
Illustration: A deliberate blow intended to inflict an injury likely to cause death may raise the intention limb. An act done without such intention, but with awareness that death was likely, may fall under the knowledge limb. Whether an act is murder, culpable homicide not amounting to murder, or another offence requires a full assessment of the evidence and any statutory exceptions.
Is the offence bailable and which court tries it?
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, both classifications of Section 105 BNS are cognizable and non-bailable and are triable by a Court of Session. Non-bailable does not mean bail is prohibited; it means bail is subject to the applicable statutory provisions and judicial discretion.
Related criminal law provisions
For comparison, see Section 302 IPC: punishment for murder, Section 304A IPC: causing death by negligence, and Section 301 IPC: death of a person other than the intended victim.
Official statutory sources
Bharatiya Nyaya Sanhita, 2023 (official India Code PDF) — Sections 100, 101, 103 and 105. Bharatiya Nagarik Suraksha Sanhita, 2023 (official India Code PDF) — First Schedule classification.
Frequently asked questions
Is IPC Section 304 still applicable?
It remains relevant to earlier conduct and proceedings governed by the former law. For offences committed from 1 July 2024, the corresponding BNS provision is Section 105.
Does Section 105 BNS prescribe a minimum sentence?
For the intention limb, the fixed-term imprisonment option is not less than five years and may extend to ten years; life imprisonment is the alternative. The knowledge limb permits imprisonment up to ten years and requires a fine.
Is culpable homicide always murder?
No. Murder is a legally defined category of culpable homicide. The statutory elements and exceptions determine the proper classification.
This article provides general legal information, not advice on an individual case. Check the applicable law, commencement and facts before relying on it in proceedings.