IPC 304→BNS 105

IPC 304 to BNS 105: Punishment for culpable homicide not amounting to murder

Section 304 IPC (1860) replaced by Section 105 BNS (2023)

View IPC Section 304 →View BNS Section 105 →

IPC 304 to BNS 105 at a Glance

Section 304 IPC (Punishment for culpable homicide not amounting to murder) is now Section 105 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 304 to BNS 105?

Section 304 IPC is now Section 105 BNS. Under Part I, Section 105 BNS retains life imprisonment but introduces a minimum sentence of not less than five years and up to ten years where imprisonment for a term is imposed, with liability to fine remaining unchanged. Under Part II, Section 105 BNS makes fine mandatory alongside imprisonment of up to ten years by replacing the IPC phrase or with fine, or with both with and with fine, removing fine alone as a permissible punishment.

IPC 304 vs BNS 105: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section304105
OffencePunishment for culpable homicide not amounting to murderSame
PunishmentUnder Part I, imprisonment for life, or imprisonment of either description for up to ten years. Under Part II, imprisonment of either description for up to ten years.Under Part I, 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. Under Part II, imprisonment of either description for a term which may extend to ten years.
FineUnder Part I, liable to fine in addition to imprisonment. Under Part II, fine is optional and may be awarded with or without imprisonment.Under Part I, liable to fine in addition to imprisonment. Under Part II, fine is mandatory along with imprisonment.
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 304 and BNS 105: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 304, IPC 1860

304. 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 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.
BNS 2023 (in force)

Section 105, BNS 2023

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.

Ingredients: IPC 304 vs BNS 105

Under IPC 304
  1. The accused caused the death of a human being by an act amounting to culpable homicide not amounting to murder as defined in Section 299 IPC and Section 300 IPC
  2. Under Part I, the act was done with the intention of causing death, or of causing such bodily injury as is likely to cause death
  3. Under Part II, the act was 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
Under BNS 105
  1. Committing culpable homicide not amounting to murder as defined under Section 100 BNS and Section 101 BNS
  2. Under Part I, doing the act with the intention of causing death, or of causing such bodily injury as is likely to cause death
  3. Under Part II, doing the act 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 IPC 304 to BNS 105 Means for Pending Cases

For Section 304 IPC (now Section 105 BNS): sentencing for culpable homicide not amounting to murder is modified under Section 105 BNS, which establishes a five-year minimum determinate term under Part I and mandates fine alongside imprisonment under Part II.

FAQs: IPC 304 to BNS 105

What are the main punishment changes between Section 304 IPC and Section 105 BNS?▼

Under Part I, Section 105 BNS prescribes that any determinate term of imprisonment must be not less than five years and up to ten years. Under Part II, Section 105 BNS mandates fine alongside imprisonment, whereas Section 304 IPC permitted fine alone or optional fine.

Does Section 105 BNS prescribe a minimum sentence under Part II?▼

No. Section 105 BNS does not prescribe a minimum period of imprisonment under Part II, but imprisonment of up to ten years and fine are both required, removing the option of a sentence of fine alone.

Does Section 304 IPC or Section 105 BNS apply to an act done before 1 July 2024?▼

Section 304 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 304 IPC. Section 105 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·