| Particular | Details |
|---|---|
| Section | BNS Section 105 |
| Offence | Punishment for Culpable Homicide Not Amounting to Murder |
| Replaces Old IPC | IPC Section 304 |
| Punishment | Life imprisonment or imprisonment from 5 to 10 years with fine (where intention exists); up to 10 years with fine (where only knowledge exists) |
| Cognizable | Yes |
| Bailable | Non-bailable |
| Compoundable | Non-compoundable |
| Triable By | Court of Session |
Introduction
BNS Section 105 is an important provision under the Bharatiya Nyaya Sanhita, 2023 that prescribes the punishment for culpable homicide not amounting to murder. It applies in situations where a person's act causes another person's death but the circumstances do not legally amount to murder.
The section recognises that every unlawful killing is not necessarily murder. Depending on whether the accused acted with intention or merely with knowledge that death was likely, the punishment differs under the law.
This article explains BNS Section 105 in detail, including its meaning, punishment, bail provisions, court jurisdiction, legal procedure, comparison with IPC Section 304, important case laws, and frequently asked questions.
What is BNS Section 105?
BNS Section 105 provides punishment for the offence of culpable homicide not amounting to murder.
The section applies where a person causes the death of another but the act does not fulfil the legal requirements of murder. The punishment varies depending upon whether the accused acted with the intention of causing death or only with the knowledge that death was likely to occur.
Bare Act 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.
In Simple Words
BNS Section 105 punishes a person who unlawfully causes another person's death in circumstances that do not amount to murder. The punishment is more severe when the act is committed with the intention of causing death and comparatively lesser when the act is committed only with the knowledge that death is likely.
Essential Ingredients of BNS Section 105
To establish an offence under BNS Section 105, the prosecution generally needs to prove:
- A person's death has occurred.
- The accused caused the death.
- The act amounts to culpable homicide but does not amount to murder.
- The accused acted either:
- With the intention of causing death or causing bodily injury likely to cause death; or
- With the knowledge that the act was likely to cause death but without such intention.
Punishment Under BNS Section 105
The punishment depends upon the mental state of the accused.
Where there is intention
If the act is committed with the intention of causing death or causing bodily injury likely to cause death, the punishment may be:
- Imprisonment for life; or
- Imprisonment of either description for a term not less than five years but which may extend to ten years; and
- Fine.
Where there is only knowledge
If the act is committed with the knowledge that it is likely to cause death but without any intention to cause death or such bodily injury, the punishment may be:
- Imprisonment of either description for a term which may extend to ten years; and
- Fine.
Classification of the Offence
| Criteria | Status |
|---|---|
| Cognizable | Yes |
| Bailable | Non-bailable |
| Compoundable | No |
| Triable By | Court of Session |
Since the offence is cognizable, the police may register an FIR and investigate according to law. It is generally non-bailable, meaning bail is granted at the discretion of the competent court. The offence is non-compoundable and is triable by the Court of Session.
Bail Under BNS Section 105
BNS Section 105 is generally treated as a non-bailable offence.
An accused person may apply for regular bail after arrest before the appropriate court. Where legally permissible, anticipatory bail may also be sought before arrest.
While deciding a bail application, the court may consider:
- Gravity of the offence.
- Nature of evidence.
- Criminal antecedents.
- Possibility of absconding.
- Risk of influencing witnesses.
- Stage of investigation.
Which Court Has Jurisdiction?
Offences punishable under BNS Section 105 are triable by the Court of Session.
The proceedings generally begin with registration of an FIR and police investigation. After completion of the investigation, the charge sheet is filed and the matter proceeds before the Sessions Court for trial.
Step-by-Step Legal Process
- FIR is registered.
- Police commence investigation.
- Statements of witnesses are recorded.
- Evidence is collected.
- Arrest may be made where necessary.
- Charge sheet is filed before the competent court.
- Case is committed to the Court of Session.
- Charges are framed.
- Trial begins.
- Witnesses are examined and cross-examined.
- Final arguments are heard.
- Judgment is delivered.
- Sentence is imposed if conviction follows.
- Appeal may be preferred before the higher court.
Old Law vs New Law (IPC vs BNS)
| Aspect | IPC Section 304 | BNS Section 105 |
|---|---|---|
| Law | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Subject | Punishment for Culpable Homicide Not Amounting to Murder | Punishment for Culpable Homicide Not Amounting to Murder |
| Punishment | Similar punishment based on intention or knowledge | Similar punishment continued under BNS |
| Key Change | Governed under IPC | Incorporated under the Bharatiya Nyaya Sanhita, 2023 |
BNS Section 105 substantially replaces IPC Section 304 while continuing the distinction between acts committed with intention and those committed with knowledge.
Important Case Laws
Virsa Singh v. State of Punjab (1958)
The Supreme Court explained the principles relating to intention and bodily injury in homicide cases and remains one of the leading authorities in distinguishing murder from culpable homicide.
K.M. Nanavati v. State of Maharashtra (1962)
This landmark judgment discussed the distinction between murder and culpable homicide not amounting to murder in the context of grave and sudden provocation.
Defences Available to the Accused
Depending upon the facts and evidence, an accused may raise several legal defences, including:
- Absence of intention.
- Lack of knowledge.
- Right of private defence.
- Grave and sudden provocation.
- Accident.
- False implication.
- Lack of sufficient evidence.
- Alibi.
The success of these defences depends entirely on the evidence presented before the court.
Real-Life Example
Suppose A and B engage in a sudden fight without prior planning. During the altercation, A strikes B with a wooden stick intending to cause injury but not death. Unfortunately, B later dies due to the injuries. Depending on the surrounding facts and legal exceptions, the court may conclude that the offence amounts to culpable homicide not amounting to murder, making BNS Section 105 applicable.
Conclusion
BNS Section 105 plays a significant role in distinguishing culpable homicide not amounting to murder from the more serious offence of murder. By prescribing different punishments based on intention and knowledge, the law ensures that punishment remains proportionate to the offender's mental state and circumstances of the case. Understanding this provision helps individuals appreciate one of the most important distinctions in Indian criminal law.