Bharatiya Nyaya Sanhita, 2023
BNS Section 105
Punishment for culpable homicide not amounting to murder
In one line
BNS Section 105 deals with punishment for culpable homicide not amounting to murder and replaces IPC 304.
Punishment, bail and court
| 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: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 105
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.
What changed from the IPC
- IPC 304 → BNS 105: Minimum imprisonment for five years is added and fine is made mandatory.
Frequently asked
What was BNS Section 105 in the IPC?
BNS Section 105 (Punishment for culpable homicide not amounting to murder) replaces Section 304 of the Indian Penal Code, 1860. IPC 304 is now BNS 105.
What is the punishment under BNS 105?
Culpable homicide not amounting to murder, if act by which the death is caused is done with intention of causing death, etc – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 105 bailable?
Non-bailable: BNS 105, 105. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 100 — Culpable homicide
- BNS 101 — Murder
- BNS 102 — Culpable homicide by causing death of person other than person whose death was intended
- BNS 103 — Punishment for murder
- BNS 104 — Punishment for murder by life-convict
- BNS 106 — Causing death by negligence
- BNS 107 — Abetment of suicide of child or person of unsound mind
- BNS 108 — Abetment of suicide
- BNS 109 — Attempt to murder
- BNS 110 — Attempt to commit culpable homicide