BNS Section 105 – Punishment for culpable homicide not amounting to murder
IPC Section – 304
Cognizable offence
Punishable with imprisonment for life, or
imprisonment for not less than five years but which
may extend to ten years and fine. If act be done with
knowledge, than imprisonment for ten years and fine.
Note: Minimum Punishment of 5 years provided
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.
Key Points in BNS-105
Definition of Culpable Homicide:
- Culpable Homicide: Culpable homicide is a crime where death is caused either intentionally or recklessly but does not meet the criteria for murder.
Punishment for Culpable Homicide Not Amounting to Murder:
- Imprisonment for Life or 5 to 10 Years:
- If the act causing death is done with the intention to cause death or with the intention of causing bodily injury likely to cause death, the punishment can be life imprisonment or a term of 5 to 10 years. The offender may also face a fine.
- Imprisonment Up to 10 Years:
- If the act causing death is done with the knowledge that it is likely to cause death, but without the intention to cause death or bodily injury likely to cause death, the punishment is imprisonment for up to 10 years along with a fine.
Summary:
BNS-105 addresses culpable homicide that does not qualify as murder. The severity of the punishment depends on the offender’s intention or knowledge regarding the likelihood of causing death:
- With Intent: Life imprisonment or 5 to 10 years imprisonment, along with a fine.
- With Knowledge: Up to 10 years imprisonment and a fine.
This provision ensures that the punishment reflects the degree of intent or recklessness involved in the act.
Offense: Culpable homicide not amounting to murder (if the act by which the death is caused is done with the intention of causing death, etc.)
Punishment: Imprisonment for life, or imprisonment for not less than 5 years but which may extend to 10 years and a fine.
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
Offense: If the act is done with knowledge that it is likely to cause death, but without any intention to cause death, etc.
Punishment: Imprisonment for 10 years and a fine.
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session
