Section 304 IPC vs Section 105 BNS — Culpable Homicide Not Amounting to Murder

# Section 304 IPC vs Section 105 BNS — Culpable Homicide Not Amounting to Murder

Culpable homicide not amounting to murder occupies a critical space in Indian criminal law — it sits between accidental death and murder on the spectrum of homicidal offences. Under the Indian Penal Code, 1860, the punishment for this offence was prescribed under **Section 304 IPC**. Under the Bharatiya Nyaya Sanhita, 2023 (BNS), the corresponding provision is **Section 105 BNS**. This page provides an educational comparison of these provisions.

Section Text

Section 304 IPC (Indian Penal Code, 1860)

> "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, or to cause such bodily injury as is likely to cause death."

Section 105 BNS (Bharatiya Nyaya Sanhita, 2023)

> Section 105 BNS provides punishment for culpable homicide not amounting to murder in substantially similar terms, divided into two parts based on the degree of culpability — intention-based (Part I) and knowledge-based (Part II).

Plain Language Explanation

This offence applies when a person causes the death of another in circumstances that fall short of murder. This can happen either because the act falls under one of the five exceptions to murder (such as grave and sudden provocation, self-defence exceeding limits, sudden fight, etc.) or because the mental element does not meet the high threshold required for murder.

The law divides this offence into two parts:

- **Part I (Intention-based):** Where the act causing death is done with the intention of causing death or causing bodily injury likely to cause death. This carries a heavier punishment — life imprisonment or imprisonment up to 10 years, plus fine.

- **Part II (Knowledge-based):** Where the act is done with the knowledge that it is likely to cause death but without any intention to cause death. This carries a lesser punishment — imprisonment up to 10 years, or fine, or both.

Key Ingredients / Elements

1. **Death of a human being** caused by the act of the accused.

2. **The act constitutes culpable homicide** as defined under Section 299 IPC / Section 100 BNS.

3. **The act does not amount to murder** — either because one of the exceptions applies or because the mental element falls short of the requirements for murder.

4. **The degree of mental culpability determines Part I or Part II:**

- Part I: Intention to cause death or bodily injury likely to cause death.

- Part II: Knowledge that the act is likely to cause death, but no intention to cause death.

IPC vs BNS Comparison Table

| Feature | Section 304 IPC | Section 105 BNS |

|---|---|---|

| **Offence** | Culpable homicide not amounting to murder | Culpable homicide not amounting to murder |

| **Part I Punishment** | Life imprisonment, or imprisonment up to 10 years, and fine | Life imprisonment, or imprisonment up to 10 years, and fine |

| **Part II Punishment** | Imprisonment up to 10 years, or fine, or both | Imprisonment up to 10 years, or fine, or both |

| **Cognizable** | Yes | Yes |

| **Bailable** | No | No |

| **Triable by** | Court of Session | Court of Session |

| **Compoundable** | No | No |

| **Substantive change** | — | No substantive change; structural reorganisation |

Key Differences and Observations

The BNS has retained the substance and bifurcated structure of Section 304 IPC. The distinction between Part I (intention-based) and Part II (knowledge-based) culpable homicide continues under the new regime. The punishment framework is identical.

The principal change is one of numbering and placement within the new code. The exceptions to murder, which convert what would otherwise be murder into culpable homicide not amounting to murder, are also retained in the BNS. The judicial interpretations developed over decades under Section 304 IPC remain applicable.

Important Judgments

1. **K.M. Nanavati v. State of Maharashtra AIR 1962 SC 605** — The landmark case that extensively discussed the exception of grave and sudden provocation and its effect in reducing murder to culpable homicide not amounting to murder.

2. **Reg. v. Govinda (1876) ILR 1 Bom 342** — One of the earliest cases distinguishing between murder and culpable homicide not amounting to murder, where Justice Melvill laid down principles for applying the exceptions.

3. **State of Andhra Pradesh v. R. Punnayya (1977) 1 SCC 467** — The Supreme Court laid down a systematic approach to distinguishing between Section 299 and Section 300 IPC, which directly determines whether Section 302 or Section 304 applies.

4. **Pulicherla Nagaraju v. State of Andhra Pradesh (2006) 11 SCC 444** — Discussed the distinction between Part I and Part II of Section 304, providing guidance on when each part applies based on the nature of the weapon used and the part of the body targeted.

5. **Sridhar Bhuyan v. State of Orissa (2004) 11 SCC 395** — The Court examined the application of Exception 4 (sudden fight) and its effect of reducing murder to culpable homicide not amounting to murder.

Practical Implications

- **For legal practitioners:** The distinction between Part I and Part II has significant sentencing implications. Part I allows life imprisonment, while Part II caps at 10 years. Defence strategies should focus on establishing the applicability of exceptions and the lower degree of mental culpability where possible.

- **For accused persons:** If convicted, the difference between Part I and Part II can mean the difference between life imprisonment and a determinate sentence. The facts surrounding the incident, particularly the weapon used, the body part targeted, and the surrounding circumstances, are critical.

- **For law enforcement:** Charge-sheeting under Section 304 (now Section 105) versus Section 302 (now Section 101) requires careful assessment of the evidence regarding intention and circumstances.

- **Transitional provision:** Cases registered before 1 July 2024 continue under Section 304 IPC. Cases arising from offences committed on or after 1 July 2024 will be governed by Section 105 BNS.

Frequently Asked Questions

What is the difference between Part I and Part II of Section 304 IPC / Section 105 BNS?

Part I applies where the accused acted with the **intention** of causing death or bodily injury likely to cause death. Part II applies where the accused had **knowledge** that the act was likely to cause death but did not have the specific intention to cause death. Part I carries a more severe punishment (up to life imprisonment) than Part II (up to 10 years).

When does a murder charge get reduced to culpable homicide not amounting to murder?

A murder charge can be reduced when one of the five exceptions to murder applies: (1) grave and sudden provocation, (2) exceeding the right of private defence in good faith, (3) a public servant exceeding powers in good faith, (4) sudden fight in the heat of passion without premeditation, or (5) consent of the victim who is above 18 years of age. Additionally, if the prosecution fails to establish the higher degree of intention required for murder, the court may convict under Section 304/105 instead.

Are there any changes in the exceptions to murder under BNS?

The exceptions to murder have been substantially retained under the BNS. The five exceptions that were part of Section 300 IPC are carried forward with the same principles. Courts will continue to apply the established judicial precedents in interpreting these exceptions.

Can a person get bail if charged under Section 105 BNS?

Section 105 BNS (like Section 304 IPC) is a non-bailable offence. However, this does not mean bail is impossible — it means bail is not a matter of right. The accused must apply to the court for bail, and the court will consider factors such as the severity of the offence, the evidence against the accused, the likelihood of the accused fleeing, and the risk of tampering with evidence. The grant of bail is at the discretion of the court.

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*This content is for educational and informational purposes only. It does not constitute legal advice. For specific legal concerns, consult a qualified legal professional. Content is compliant with Bar Council of India guidelines on legal information sharing.*