Section 304 IPC: Punishment for culpable homicide not amounting to murder

Indian Penal Code, 1860

Section 304 IPC at a Glance

Section 304 IPC deals with punishment for culpable homicide not amounting to murder. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 105 BNS.

Punishment

Under 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.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

BNS Equivalent

Section 105 →

Section 304 IPC Bare Act Text

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.

Source: Section 304, Indian Penal Code, 1860

Section 304 IPC in Simple Words

Section 304 of the Indian Penal Code (IPC) prescribes the punishment for culpable homicide not amounting to murder, dividing the offence into two distinct parts based on mens rea. Part I applies where the death is caused by an act done with the intention of causing death, or of causing such bodily injury as is likely to cause death, punishing the offender with imprisonment for life or imprisonment of either description for up to ten years, and liability to fine.

Part II applies where the act is done with the knowledge that it is likely to cause death, but without any intention to cause death or such bodily injury, punishing the offender with imprisonment of either description for up to ten years, or with fine, or with both. Both parts are cognizable, non-bailable and triable exclusively by the Court of Session.

Ingredients of Section 304 IPC

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
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
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

Punishment Under Section 304 IPC

Imprisonment

Under 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.

Fine

Under Part I, liable to fine in addition to imprisonment. Under Part II, fine is optional and may be awarded with or without imprisonment.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Under Part I, imprisonment for life or up to ten years, and liable to fine. Under Part II, imprisonment for up to ten years, or with fine, or with both. The First Schedule to the Criminal Procedure Code classifies both parts as cognizable, non-bailable, and triable by the Court of Session.

Example of Section 304 IPC

In 2017, in Ranchi, Manoj subjected Arvind to grave and sudden provocation by violently slapping Arvind's elderly father and hurling abuses at him outside their shop. Deprived of the power of self-control by that provocation, Arvind picked up a heavy wooden beam and struck Manoj on the chest with the intention of causing bodily injury likely to cause death. Manoj died shortly afterward from internal injuries. Because the killing amounted to culpable homicide not amounting to murder, Arvind is punishable under Section 304 IPC.

When Section 304 IPC Does Not Apply

Section 304 IPC does not apply when the act of the accused does not cause the death of any human being.
Section 304 IPC does not apply if the accused had neither the intention to cause death or bodily injury likely to cause death nor the knowledge that the act was likely to cause death.
Section 304 IPC does not apply where the killing satisfies the definition of murder under Section 300 IPC without falling under any of its statutory Exceptions.
Section 304 IPC does not apply when death results solely from a rash or negligent act without the intention or knowledge required for culpable homicide.

Section 304 IPC in the BNS

Section 304 IPC is now covered under Section 105 BNS.

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 detailed comparison (IPC 304 vs BNS 105) →

FAQs on Section 304 IPC

What is the distinction between Part I and Part II of Section 304 IPC?▼

Part I applies when the act causing death is done with the intention of causing death, or of causing such bodily injury as is likely to cause death. Part II applies when 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.

What punishment does Section 304 IPC prescribe under Part I?▼

Part I of Section 304 IPC punishes the offender with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and liability to fine.

What punishment does Section 304 IPC prescribe under Part II?▼

Part II of Section 304 IPC punishes the offender with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.

Is Section 304 IPC bailable and cognizable?▼

Both parts of Section 304 IPC are cognizable, non-bailable, and triable exclusively by the Court of Session under the First Schedule to the Criminal Procedure Code.

Where is Section 304 IPC placed in the Bharatiya Nyaya Sanhita?▼

It corresponds to Section 105 BNS, in Chapter VI, Of Offences Affecting the Human Body.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·