Bharatiya Nyaya Sanhita, 2023 · Chapter VI: Of Offences Affecting the Human Body · Of offences affecting life
Section 105: Punishment for culpable homicide not amounting to murder
In plain words
Culpable homicide not amounting to murder is punished according to the offender's state of mind.
- If done with the intention of causing death, or an injury likely to cause death: imprisonment for life, or at least five years and up to ten years, and a fine.
- If done with knowledge that it is likely to cause death, but without that intention: up to ten years in prison and a fine.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 105 replaces section 304 of the IPC: punishment for culpable homicide not amounting to murder. It keeps the two limbs, intention and knowledge, but changes the punishments.
The two limbs and what changed
| Point | Intention limb | Knowledge limb |
|---|---|---|
| Mental element | Intention to cause death, or bodily injury likely to cause death | Knowledge that the act is likely to cause death, without such intention |
| IPC section 304 | Life, or up to ten years, and fine | Up to ten years, or fine, or both |
| BNS section 105 | Life, or five to ten years, and fine | Up to ten years and fine |
How cases reach section 105
- Culpable homicide under section 100 that falls outside all clauses of murder in section 101.
- Murder reduced by one of the five Exceptions to section 101.
Choosing the limb
Intention is inferred from the weapon, the part of the body targeted, the force and the number of blows, and the context. Where only knowledge is proved, the lighter limb applies, but under the BNS a fine is now compulsory with any imprisonment.
Key Supreme Court rulings
Raja Ram v. State of Madhya Pradesh 1994 INSC 86
Decided under section 304 of the IPC. Where only knowledge that death was likely is attributed, the offence falls under the knowledge limb.
Nandlal v. State of Maharashtra 2019 INSC 385
A single blow in a sudden quarrel attracted the sudden fight Exception, reducing murder to culpable homicide punished under the knowledge limb.
Common mistakes
- Forgetting the new five year minimum for the intention limb.
- Treating the fine as optional under the knowledge limb.
Read with: Section 100 BNS, Section 101 BNS, Section 304 IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 105
No Supreme Court judgment in our database cites this section yet.