IPC Section 304 = BNS Section 105

Culpable Homicide not amounting to Murder

हत्या की कोटि में न आने वाली गैर इरादतन हत्या

Offences Against the Body No Change in Punishment Cognizable Non-Bailable Updated: 2026-02-28

Overview

Section 304 of the IPC dealt with punishment for culpable homicide not amounting to murder, divided into Part I (intention) and Part II (knowledge). Under BNS 2023, this is now Section 105 with the same two-part structure and punishment.
Hindi IPC की धारा 304 हत्या की कोटि में न आने वाली गैर इरादतन हत्या की सजा से संबंधित थी। BNS 2023 के तहत यह अब धारा 105 है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 304 Section 105
Title Culpable Homicide not amounting to Murder Culpable Homicide not amounting to Murder
Punishment Part I: Imprisonment for life or up to 10 years and fine; Part II: Up to 10 years or fine or both Part I: Imprisonment for life or up to 10 years and fine; Part II: Up to 10 years or fine or both
Cognizable Yes — Police can arrest without warrant
Bailable No — Bail at the discretion of the court
Compoundable No — Cannot be compounded/settled
Triable By Court of Session

Key Changes

  • Section number changed from IPC 304 to BNS 105
  • Two-part punishment structure remains the same
  • No substantive changes

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 The accused caused the death of another person
  2. 2 The act falls under culpable homicide but not murder
  3. 3 The act was done either with intention (Part I) or knowledge (Part II)

Frequently Asked Questions

What is the BNS equivalent of IPC Section 304?

IPC Section 304 (Culpable Homicide not amounting to Murder) is now BNS Section 105 under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.

Has the punishment changed from IPC 304 to BNS 105?

No, the punishment remains substantially the same. Under BNS 105: Part I: Imprisonment for life or up to 10 years and fine; Part II: Up to 10 years or fine or both.

Is BNS Section 105 cognizable?

Yes, BNS Section 105 is a cognizable, non-bailable, and non-compoundable offence.

Legal Disclaimer

This IPC-to-BNS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.

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