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Side-by-Side Comparison

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

OLD LAW (IPC)

304

Act of 1860

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 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 [Part I]. 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 [Part II].
PunishmentLife imprisonment or 10 years + Fine (Part I); 10 years + Fine (Part II)
REFORM
NEW LAW (BNS)

105

Act of 2024

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 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...
PunishmentLife imprisonment or 10 years + Fine
1860
304 Origin
2024
105 Reform

Legal Implications

Where death is caused with intent, the punishment can be Life Imprisonment (Part I). If caused with knowledge but without intent, the punishment is up to 10 years (Part II). This remains unchanged in the new BNS 105.

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.

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