Bharatiya Nyaya Sanhita, 2023 · Section 105

BNS 105: earlier IPC 304

Section 105 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 304 of the Indian Penal Code, 1860. BNS 105 deals with punishment for culpable homicide not amounting to murder. The Bharatiya Nyaya Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nyaya Sanhita

BNS 105 was IPC 304.

Punishment for culpable homicide not amounting to murder.

Carried over
96% of the old wording kept
Old · IPC 1860 · Ch. XVI
s. 304
Punishment for culpable homicide not amounting to murder
Whoever commits culpable homicide not amounting to murder, shall be punished with 1[imprisonment for life], or imprisonment of either description for a term 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, or with fine, or with both, 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.
Text from the official India Code PDF
New · BNS 2023 · Ch. VI
s. 105
Punishment for culpable homicide not amounting to murder.
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.
Text from India Code
Old classification · CrPC First Schedule, for IPC 304
Culpable homicide not amounting to murder, if act by which the death is caused is done with intention of causing death, etc.
CognizableCognizable
BailableNon-bailable
PunishmentImprisonment for life, or imprisonment for 10 years and fine.
Triable byCourt of Session.
If act is done with knowledge that it is likely to cause death, but without any intention to cause death, etc.
CognizableCognizable
BailableNon-bailable
PunishmentImprisonment for 10 years, or fine, or both.
Triable byCourt of Session.
For an offence under the BNS, check the First Schedule of the BNSS.

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