BNS Section 105: Punishment for Culpable Homicide not Amounting to Murder

Section 105 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It deals with offenses against human life. This section focuses on the punishment for culpable homicide not amounting to murder, distinguishing it from more severe offenses like murder.

Definition of BNS Section 105

Section 105 of the BNS 2023 States:

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.

Explanation and Illustration of BNS Section 105

Section 105 of the BNS 2023 deals with culpable homicide that does not amount to murder. This section provides punishment for cases where a person causes death, either intentionally or with the knowledge that their actions are likely to cause death, but without the intent or the severity required for murder.

Key Points:

1. Culpable Homicide Not Amounting to Murder:

If the person commits an act that leads to death with the intention of causing death, or causes bodily injury that is likely to cause death, they will be punished with life imprisonment or a prison sentence ranging from 5 to 10 years. A fine will also be imposed.

If the person commits the act with the knowledge that it is likely to cause death but without the intention to kill or cause such injury, the punishment could be imprisonment for up to 10 years and a fine.

Illustrations:

1. Intention to Cause Death:

Example: A person, in a fit of rage, attacks another with a weapon with the intention of killing them. The victim dies due to the injury. Although the intent was to cause harm or death, the punishment under Section 105 will be life imprisonment or a prison sentence of 5 to 10 years, along with a fine.

2. Knowledge of Likely Death Without Intention:

Example: A person intentionally strikes another person with a blunt object, knowing it could cause death, but without the intention to kill. As a result, the victim dies from the injuries. Since the act was committed with knowledge but no direct intent to kill, the offender would face a prison sentence of up to 10 years and a fine.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points in Section 105

Culpable homicide refers to an act where a person's death is caused intentionally or recklessly but does not fulfill the legal criteria for murder.

Punishment for Culpable Homicide Not Amounting to Murder:

1. Imprisonment for Life or upto 10 Years: If the act causing death is committed with the intention to cause death or to inflict bodily harm likely to result in death, the punishment may include imprisonment for life or a term ranging upto 10 years. The offender may also be required to pay a fine.
2. Imprisonment Up to 10 Years: If the act is carried out with the knowledge that it is likely to cause death, but without the intention to cause death or grievous bodily harm likely to result in death, the punishment is imprisonment for up to 10 years along with a fine.

Differences Between Section 105 of BNS and its Equivalent IPC Section

This section outlines the key differences between Section 105 of BNS and its equivalent IPC section 304 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.

BNS Sections/ Subsections	Subject	IPC Sections	Summary of comparison
105	Punishment for culpable homicide not amounting to murder.	304	Minimum imprisonment for five years is added and fine is made mandatory.

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FAQs about Section 105 of the Bharatiya Nyaya Sanhita (BNS)

When does life imprisonment apply under this section?

Life imprisonment applies when the act causing death is committed with the intention to cause death or inflict injuries likely to result in death.

What is the penalty if the act is done with knowledge but no intent?

If death is caused with knowledge but no intent to harm fatally, imprisonment may extend to 10 years with a fine

What are the conditions for culpable homicide under this law?

The act must either be done intentionally or with knowledge that it could cause death, without meeting murder's stricter criteria.

Is this offence bailable?

No, culpable homicide not amounting to murder is classified as a non-bailable offence under BNS.

What type of court tries such cases?

Cases under Section 105 are triable by a Court of Session, reflecting the severity of the offence.

Why are the penalties varied?

The variation in penalties ensures proportional punishment based on the degree of intent or recklessness.

How does this section protect societal order?

By penalising reckless or harmful actions leading to death, this section discourages negligent behavior and ensures accountability.