Section 105 BNS: Punishment for culpable homicide not amounting to murder
Bharatiya Nyaya Sanhita, 2023
Section 105 BNS at a Glance
Section 105 BNS deals with punishment for culpable homicide not amounting to murder. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 304 IPC on 1 July 2024.
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.
Section 105 BNS Bare Act Text
105. 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 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.
Source: Section 105, Bharatiya Nyaya Sanhita, 2023
Section 105 BNS in Simple Words
Section 105 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with causing death without the case amounting to murder. It applies where a person acts with the knowledge that death is likely, or with intention to cause death or such bodily injury as is likely to cause death, but the facts do not meet the stricter requirements of murder. In simple terms, the act is serious enough to attract criminal liability for homicide, but not grave enough to be treated as murder.
This section is often used in cases involving sudden fights, excessive force, or acts done without the clear intention to kill. Courts look closely at the weapon used, the nature of the injury, the part of the body targeted, the surrounding circumstances, and whether there was any premeditation. For families, accused persons, and police officers, this section matters because the difference between Section 105 BNS and murder can change the entire case, the sentence, and the defence strategy.
Ingredients of Section 105 BNS
- Committing culpable homicide not amounting to murder as defined under Section 100 BNS and Section 101 BNS
- Under Part I, doing the act with the intention of causing death, or of causing such bodily injury as is likely to cause death
- 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
Punishment Under Section 105 BNS
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.
Under Part I, liable to fine in addition to imprisonment. Under Part II, fine is mandatory along with imprisonment.
Under Part I of Section 105 BNS, punishment is imprisonment for life, or imprisonment of either description for not less than five years and up to ten years, and the offender is also liable to fine. Under Part II, punishment is imprisonment of either description for up to ten years and with fine.
Example of Section 105 BNS
When Section 105 BNS Does Not Apply
- The act of the accused did not cause the death of any human being
- The act was done neither with the intention of causing death, nor with the intention of causing such bodily injury as is likely to cause death, nor with the knowledge that it was likely to cause death
- The act amounted to murder under Section 101 BNS without satisfying any of the statutory Exceptions that reduce the offence to culpable homicide not amounting to murder
Section 105 BNS in the IPC (Previous Law)
Section 105 BNS replaces Section 304 IPC from the old criminal code.
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.
View IPC Section 304 →FAQs on Section 105 BNS
What is the main difference between murder and the offence under Section 105 BNS?▼
The key difference is the level of intention and the surrounding circumstances. Murder requires a higher degree of mens rea, while this section applies where death is caused but the facts fall short of murder.
Under Section 105 BNS, how do courts decide whether Part I or Part II applies?▼
Courts examine whether the accused intended to cause death or such bodily injury as was likely to cause death. If only knowledge is proved, and not intention, Part II usually applies.
Can a sudden fight case fall under Section 105 BNS?▼
Yes, it can. If there was no prior plan to kill and the act happened in a sudden quarrel, courts often examine whether the facts reduce the offence from murder to this section.
Is the offence under Section 105 BNS bailable?▼
No, it is generally non-bailable. The accused must seek bail from the court, and the decision will depend on the facts of the case, injury details, and criminal history.
Have questions about Section 105 BNS?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·