Indian Penal Code, 1860 · Chapter XVI: Of Offences Affecting the Human Body · Of offences affecting life
Section 304: Punishment for culpable homicide not amounting to murder
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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.
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 (Legislative Department), the text of the Act as it stood before its repeal. 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.
Supreme Court judgments citing the section 304
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Maniklal Sahu v. State of Chhattisgarh
Whether the High Court committed any error in bringing the case within the ambit of “attempt to commit murder” punishable u/s.307 IPC on the ground that the deceased-R died after a period of nine months from the date of…
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Irfan v. State of Uttar Pradesh & Anr.
Whether the High Court erred in granting bail to the Respondent No.2 holding that any further detention would be detrimental to his defence in the trial and inconsistent with the norms of fairness in criminal…
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Gurdeep Singh v. The State of Punjab
Issue arose whether the order of conviction and sentence of the appellant for the offences u/ss.307, 353, 332, 225, 186, and 120B IPC and s.25 of the Arms Act, 1959 by the courts below was legally sustainable.
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Narayan Yadav v. State of Chhattisgarh
Whether the High Court erred in passing the impugned judgment relying on the confessional FIR filed by the appellant-accused himself and the medical evidence to uphold his conviction, however, altering it from s.302,…
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L. Muruganantham v. State of Tamil Nadu & Others
(A) Whether the order of the High Court enhancing compensation to Rs.5,00,000/- for the alleged violations committed against the appellant, while dismissing the complaint against respondent no.3, and partly allowing the…
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Chetan v. The State of Karnataka
Matter pertains to the correctness of the order passed by the courts below convicting and sentencing the appellant u/ss.302, 304 IPC, and u/ss.3, 5 of the Arms Act, 1959.
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Tukesh Singh & Ors. v. State of Chhattisgarh
Issue arose as regards the effect of the failure of the eyewitnesses to identify the accused in the court on the prosecution case.
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Chunni Bai v. State of Chhattisgarh
Whether the accused at the time of commission of crime was incapable of making conscious and informed decision or was suffering from certain mental incapacity or unsoundness of mind; Whether a benefit of doubt may be…
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Ramyash @ Lal Bahadur v. The State of Uttar Pradesh and Another Etc. Etc
Whether the High Court erred in allowing the Correction Application filed under Section 362, CrPC by the accused persons and modifying its earlier judgment by converting the conviction under Section 302 to Section 304…
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Sudam Prabhakar Achat v. The State of Maharashtra
Issue arose as to whether the conviction u/s.302 IPC could be converted into s.304 Part I or Part II IPC.
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State of Madhya Pradesh v. Shyamlal & Ors.
The High Court converted the conviction of respondents u/s.302 of IPC into the second part of s.304 of the IPC. Whether the judgment of the High Court requires interference.
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Yuvraj Laxmilal Kanther & Anr. v. State of Maharashtra
Issue arose as to whether the High Court was correct in dismissing the revision application filed by the appellants assailing the order of the trial court dismissing their discharge applications u/s.227 CrPC.
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Sita Ram & Anr. v. The State of Himachal Pradesh
Matter pertains to the correctness of the order passed by the High Court holding the appellant no.1 guilty of offence punishable u/s. 304 IPC and appellant no. 2 for offences punishable u/ss. 323 and 451 IPC and…
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Sarita Choudhary v. High Court of Madhya Pradesh & Another
Matter pertains to the correctness of order passed by the High Court terminating two women Judicial Officers from service during probation period; and whether the cessation of services of two Judicial Officers is…
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Ayyub & Ors. v. State of Uttar Pradesh & Anr.
Issue arose as regards the correctness of the order of High Court declining to quash the proceedings against the appellants u/s.306, Penal Code, 1860.
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Ashok Saxena v. The State of Uttarakhand Etc.
Whether the High Court committed any error in holding the appellant guilty of the offence of murder.
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Biswajit Das v. Central Bureau of Investigation
Conviction for offences under section 468 r/w section 120(B), section 271 and section 465 r/w 120(B) and section 420 r/w section 120(B) of the Indian Penal Code, 1860 (“IPC”) as well as section 13(1)(d) read with…
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Goverdhan & Anr. v. State of Chhattisgarh
The two accused-appellants and their father-the third accused, were convicted by the trial court u/s.302 r/w s.34 IPC for assaulting a person with deadly weapons causing his death. High Court upheld the conviction of…
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Daljit Singh v. State of Haryana & Anr.
Issue arose as regards the order passed by the High Court refusing to quash the complaint, summoning order and order declaring the appellant a proclaimed offender passed by the Magistrate; whether the proclaimed…
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Kunhimuhammed@Kunheethu v. The State of Kerala
Whether appellant had the intention to commit murder; whether the appellant’s act can be brought under section 304, IPC in light of the offence being committed in exercise of private defense and thereby exceeding the…
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Sunny @ Santosh Dharmu Bhosale v. The State of Maharashtra
Whether it was the appellant-accused who assaulted the victim-deceased due to which the death of the deceased has occurred; whether the conviction of the appellant under Section 302 IPC, deserves to be altered to one…
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Devendra Kumar & Ors. v. State of Chhattisgarh
Whether the conviction would fall for the offence punishable u/s.302 IPC or under a lesser offence.
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Sunil @ Sonu Etc. v. State NCT of Delhi
Issue arose for consideration that as to whether the accused can be convicted for the offence punishable u/s.302 IPC or in the facts and circumstance of the case, the conviction needs to be altered to a lesser offence.
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United India Insurance Co. Ltd. v. M/S Hyundai Engineering & Construction Co. Ltd. & Ors.
Matter pertains to the correctness of the decision by the National Commission which directed the appellant-insurer to release and pay an insurance claim to the respondent-contractor for the collapse of the bridge.
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Manikandan v. State by the Inspector of Police
Matter pertains to the tutoring of the material witnesses by the police and its effect on the prosecution case.
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Ram Singh v. The State of U.P.
As per PW-1-informant (son of the deceased), on the fateful evening when he and his brother were sitting in the open space in front of the entrance door of his house, his mother was sitting close by on a cot and some…
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Dattatraya v. The State of Maharashtra
Whether the courts below were justified in convicting the appellant u/ss. 302 and 316 IPC and sentencing to undergo life imprisonment and 10 years of R.I. respectively along with fine, for causing death of his wife as…
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State of Haryana v. Mohd. Yunus & Ors.
Whether the High Court was justified in convicting A1 only u/s. 323 while acquitting u/s. 302/34, and convicting and sentencing A2 u/s. 302 and 323 read with s. 34; and whether in trial u/s. 302 IPC, it is safe to…
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Bilkis Yakub Rasool v. Union of India & Others
Writ petition filed u/Art. 32 by one of the victims challenging the order of State of Gujarat granting remission and early release of 11 convicts held guilty in Bilkis Bano matter, if maintainable; writ petitions filed…
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Parshuram v. State of M.P.
Whether the courts below were justified in convicting and sentencing the appellants for the offences punishable u/s. 302/149, s.326/149, s.324/149, s.323/149, s.147 and s.148 IPC.
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Anil Kumar v. The State of Kerala
Whether in the circumstances of the instant case, the appellant had any premeditated mind to kill the deceased or was it due to grave and sudden provocation which would not amount to murder or would at best be a case of…
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N. Ramkumar v. The State Rep. by Inspector
Appellant in fit of rage, dashed head of the victim against the wall, resulting in death of victim. Appellant convicted u/s. 302 IPC and sentenced to undergo life imprisonment. Whether judgment, order and sentence…
- Pramod Kumar Mishra v. The State of U.P.
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State of Haryana v. Dharamraj
In instant appeal, the State seeks cancellation of anticipatory bail granted to the sole respondent by the Single Judge of the High Court.
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