304 vs 105
The punishment for culpable homicide not amounting to murder transitions from IPC 304 to BNS 105.
What Changed?
Renumbered from 304 to 105.
Part I (Intent) and Part II (Knowledge) distinctions remain the same.
Verdict
"Maintains the two-tier punishment system based on the degree of intent (Part I and Part II)."
Detailed Analysis
304
Punishment for culpable homicide not amounting to murder
105
Punishment for culpable homicide not amounting to murder
Legal Implications
Practical Scenarios
"Death caused in the heat of passion (BNS 105 Part I)."
"Death caused by an act known to be dangerous but without specific intent to kill (BNS 105 Part II)."
Expert Q&A
Is the punishment increased in BNS 105?
No, the existing punishment scales from IPC 304 have been maintained.
What is the BNS equivalent of IPC 304?
IPC Section 304 (Culpable Homicide Not Amounting to Murder) is now BNS Section 105. Both Part I (intent — life imprisonment) and Part II (knowledge only — 10 years) structure is preserved.
When does a murder charge get reduced to Section 304/BNS 105?
When one of Section 300's five exceptions applies: grave and sudden provocation, private defence exceeding limits, public servant exceeding powers, sudden fight in heat of passion, or consent of the victim.
Why does Section 304/BNS 105 have two parts?
Part I (intent to cause death or fatal injury — up to life) applies where the accused had criminal intent but a mitigating circumstance reduces murder. Part II (knowledge only — up to 10 years) applies where the accused was recklessly dangerous without specific lethal intent.
Related IPC Sections
Related BNS Sections
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