CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY · Of offences affecting life

Section 304: Punishment for culpable homicide not amounting to murder

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

Whoever commits culpable homicide not amounting to murder shall be punished with ¹[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.

Footnotes in the official text

1.Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

304. Punishment for culpable homicide not amounting to murder.

BNS 105

Leading cases

State of Andhra Pradesh v. Rayavarapu Punnayya (1976)Explaining the distinction between culpable homicide under Section 299 and murder under Section 300 IPC, the Court restored the murder conviction of an accused who, with another, beat the victim's arms and legs with heavy sticks, causing death.

Questions on this section

4 questions in 14 of our papers cite Section 304. Try these from the free papers:

1. Where culpable homicide not amounting to murder is committed by an act done with the intention of causing death, Section 105 BNS prescribes

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