Bharatiya Nyaya Sanhita, 2023 · Chapter VI: Of Offences Affecting The Human Body

Section 105 BNS: Punishment for culpable homicide not amounting to murder

Corresponding IPC: Section 304 IPC
Punishment: With intent: imprisonment for life, or 5 to 10 years, and fine; with knowledge only: imprisonment up to 10 years, and fine
Note: Wording largely same; the term for the first limb is 5 to 10 years or life.

Classification of offence

Section	Cognizable?	Bailable?	Triable by
105	Cognizable	Non-bailable	Court of Session
105	Cognizable	Non-bailable	Court of Session

As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Bare Act text

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.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Punishes culpable homicide not amounting to murder. Where the act was done with intent to kill or cause likely-fatal injury, the penalty is higher; where only with knowledge that death is likely, the penalty is up to 10 years.