105. Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years and with fine, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
BNS Section 105: Punishment for culpable homicide not amounting to murder
Section 105 of the Bharatiya Nyaya Sanhita, 2023 deals with punishment for culpable homicide not amounting to murder. It replaces IPC 304 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 105 is cognizable and non-bailable.
Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 105 | Culpable homicide not amounting to murder, if act by which the death is caused is done with intention of causing death, etc. | Imprisonment for life, or Imprisonment for not less than 5 years but which may extend to 10 years and fine. | Cognizable | Non-bailable | Court of Session |
| 105 | If act be done with knowledge that it is likely to cause death, but without any intention to cause death, etc. | Imprisonment for 10 years and with fine. | Cognizable | Non-bailable | Court of Session |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 105
IPC sections replaced
- IPC 304: Punishment for culpable homicide not amounting to murder
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