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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:
Illustrations:
1. Intention to Cause Death:
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. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 105 of the Bharatiya Nyaya Sanhita (BNS)
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