BNS §105
Punishment for culpable homicide not amounting to murder
Jump to section
Comparison
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.
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 changedAI-inferred
IPC 304 punished culpable homicide not amounting to murder with imprisonment for life or up to 10 years (intention-tier) or up to 10 years (knowledge-tier), both with fine. BNS 105 adds a mandatory minimum 5-year imprisonment in the intention-tier (life or 5-10 years) — a substantive sentencing-floor change. Knowledge-tier preserved.
Old position
IPC 304 is concerned with Punishment for culpable homicide not amounting to murder. Punishment for culpable homicide not amounting to murder
New position
BNS 105 modifies the framework. Topic: 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
IPC 304 punished culpable homicide not amounting to murder with imprisonment for life or up to 10 years (intention-tier) or up to 10 years (knowledge-tier), both with fine. BNS 105 adds a mandatory minimum 5-year imprisonment in the intention-tier (life or 5-10 years) — a substantive...
Editorial deltaAI-indicated (source-linked)
BNS-105 reproduces IPC-304's framework on punishment for culpable homicide not amounting to murder character-identically. Historical-amendment brackets are incorporated as plain text. Punishment levels are preserved.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 304 continues to apply. For matters from that date forward, BNS 105 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 105 (Punishment for culpable homicide not amounting to murder). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §304 → BNS §105 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bns/105.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.