BBanaka

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

Bharatiya Nyaya Sanhita, 2023 · Chapter 6: Of Offences Affecting the Human Body - Of offences affecting life - Of hurt - Of wrongful restraint and wrongful confinement - Of criminal force and assault - Of kidnapping, abduction, slavery and forced labour

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105. 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.

Study: explanations and related material

Replaces IPC 304. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

105Culpable homicide not amounting to murder, if act by which the death is caused is done with intention of causing death, etc.

Punishment
Imprisonment for life, or Imprisonment for not less than 5 years but which may extend to 10 years and fine.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Court of Session

105If act be done with knowledge that it is likely to cause death, but without any intention to cause death, etc.

Punishment
Imprisonment for 10 years and with fine.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Court of Session

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 163. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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