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.
IPC Section 304 in BNS: Section 105
Punishment for culpable homicide not amounting to murder
Section 304 of the Indian Penal Code, 1860 (Punishment for culpable homicide not amounting to murder) corresponds to Section 105 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 105 is cognizable, non-bailable, triable by Court of Session; punishment: Imprisonment for life, or Imprisonment for not less than 5 years but which may extend to 10 years and fine.
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.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 105
Full BNS Section 105 and every IPC section it replaced →
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