Section 304 IPC and Section 105 BNS: Punishment for Culpable Homicide Not Amounting to Murder

Section 304 of the Indian Penal Code, 1860 governed punishment for culpable homicide not amounting to murder. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 105, effective from 1 July 2024. The law distinguishes acts committed with intention from those committed with knowledge of likely death.

Meaning of culpable homicide not amounting to murder

Under Section 100 BNS (formerly Section 299 IPC), culpable homicide involves causing death by an act done with the intention of causing death, the intention of causing bodily injury likely to cause death, or knowledge that the act is likely to cause death. Section 101 BNS (formerly Section 300 IPC) defines when culpable homicide constitutes murder and specifies exceptions. Where the facts establish culpable homicide but not murder, Section 105 BNS provides the punishment.

Section 304 IPC: original punishment

First limb (commonly called Part I): Where the death-causing act was done with intention to cause death or bodily injury likely to cause death, punishment was imprisonment for life or imprisonment of either description up to ten years, and fine.

Second limb (commonly called Part II): Where the act was done with knowledge that it was likely to cause death, but without the specified intention, punishment was imprisonment of either description up to ten years, or fine, or both.

Section 105 BNS: current punishment

Intention limb: Imprisonment for life, or imprisonment of either description for not less than five years and up to ten years, and fine.

Knowledge limb: Imprisonment of either description for up to ten years and fine. Unlike the old IPC wording, a fine is not framed as an alternative to imprisonment.

IPC 304 versus BNS 105

Cognizable offence, bail and trial

Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), both limbs of Section 105 BNS are cognizable and non-bailable, and are triable by a Court of Session. Non-bailable does not mean that bail is legally impossible; the competent court considers the governing statutory criteria and circumstances.

Distinction from murder and negligence

Murder is defined by Section 101 BNS and ordinarily punished under Section 103 BNS. Culpable homicide not amounting to murder is punished under Section 105. Causing death by a rash or negligent act that does not amount to culpable homicide is separately addressed by Section 106 BNS. Classification depends on the evidence, the accused person's mental state, the nature of injury and the statutory exceptions; it cannot be determined solely from the fact that death occurred.

Section 304 IPC: case-law reference index

The following citations appeared on the original webpage and are retained as a historical research index. Some spellings, years and reporter references may contain transcription errors. Verify each citation and its actual holding against the judgment before relying on it in court.

1. Keshoram v. State of assam 1978 Cri LJ 1089 (SC)
2. A Gopaiah v. State of AP 1978 Cri LJ 798 (AP)
3. State of UP v. Premi 2003 Cri Lj 1554 (SC)
4. Jai Bhagwan v. State of Haryana 1999 Cri. LJ 1634 (SC)
5. State of UP v. Lakhmi AIR 1998 SC 1007
6. State of Rajasthan v. Raj Narayan AIR 1998 SS 2060
7. Murari v. State of Tamil Nadu 2001 Cri LJ 476 (SC)
8. Keshavlal v. State of Madhya Pradesh 2002 Cri LJ 1776 (SC)
9. Suresh Sita Ram Surve v. State of Maharashtra 2003 Cri LJ 475 (SC)
10. Pramed Kumar v. State of Up 2003 Cri LJ 2718 (Alld.)
11. State of Madhya Pradesh v. Ghanshyam Singh (2003 Cri. LJ 4339 (SC)
12. Chanda v. State of UP 2004 Cri LJ 2536 (SC)
13. Tholan v. State of Tamil Nadu 1984 Cri. LJ 478 (SC)
14. Jagat Singhand another v. State 1984 Cri. LJ 1551 (Delhi)
15. Maniyan v. State of Kerala 1990 Cri LJ 2515 (Kerala)
16. Hari Shankar v. State of Rajasthan 1999 Cri Lj 2902 (SC)
17. State of MP v. Deshraj 2004 Cri LJ 1414 (SC)
18. K. Rama Krishnan Unithan v. State of Kerala 1999 Cri. LJ 2101 (SC)
19. Ram Prakash Singh v. State of Bihar AIR 1998 SC 1190
20. Sudhir Samjanta v. State of Bengal AIR 1998 SC 289
21. Tarsen Singh v. State of Punjab 2002 Cri LJ 1021 (SC)
22. Manke Ram v. State of Haryana 2003 Cri Lj 2328 (SC)
23. Ruli Ram v. State of Haryana 2002 Cri Lj 4337 (SC)
24. Uday Singh v. State of UP 200s Cri LJ 4655 (SC)
25. State of Karnataka v. Mohamed Nazeer 2003 Cri LJ 1240 (SC)
26. Thankachan v. State of Kerala 2005 Cri. LJ 4130 (SC)
27. Cherlopalli Cheliminabi v. State of AP 2003 Cri. LJ 1246 (SC)
28. Hafiz v. State of Up 2006 Cri. LJ 522 (SC)

Frequently asked questions

What is Section 304 IPC?

It punishes culpable homicide not amounting to murder under the Indian Penal Code, 1860.

Which BNS section corresponds to IPC 304?

Section 105 of the Bharatiya Nyaya Sanhita, 2023.

Is Section 105 BNS bailable?

No. The offence is cognizable and non-bailable and is triable by a Court of Session.

What is the difference between the two limbs?

The first involves intention to cause death or bodily injury likely to cause death. The second involves knowledge that death is likely, without such intention.

Official statutory sources

Disclaimer: General legal information, not advice for any particular case. Verify the current statutory text and judicial authorities before filing or acting.