Section 105: Punishment for Culpable Homicide Not Amounting to Murder

Bharatiya Nyaya Sanhita • Chapter VI: Of Offences Affecting the Human Body • Official Statutory Text & Legal Guide

Chapter VI: Of Offences Affecting the Human Body
Court of Session
Non-Bailable
Cognizable
Formerly Sec 304 IPC

Legal Commentary & Landmark Judgments: Section 105

Section 105 provides the statutory punishment for culpable homicide not amounting to murder, establishing a two-tiered sentencing regime based on intention versus knowledge.

  • Part I: Intentional Culpable Homicide: Where the act is done with INTENTION of causing death, or causing bodily injury likely to cause death: punished with imprisonment for life, or imprisonment up to ten years, and fine.
  • Part II: Knowledge-Based Homicide: Where the act is done with KNOWLEDGE that it is likely to cause death, but WITHOUT any intention to cause death or bodily injury likely to cause death: punished with imprisonment up to ten years, or fine, or both.
  • Subjective Mens Rea Boundary: The definitive sentencing threshold separating intentional killing under provocation from unintended consequences of reckless violence.
Key Landmark Precedents:
  • Virsa Singh v. State of Punjab (AIR 1958 SC 465): The Supreme Court explained the distinction between intention and knowledge: where the injury inflicted was intentional and sufficient in the ordinary course of nature to cause death, it falls under murder unless an exception reduces it to Section 304 Part I (Section 105 Part I BNS).
  • Camilo Vaz v. State of Goa (2000) 9 SCC 1: Affirmed that where an accused strikes a single lathi blow in the heat of a sudden quarrel without intention to kill, the offence falls under Section 304 Part II (Section 105 Part II BNS).
Courtroom Practice & Strategic Litigation Guidance:

When arguing on charge or final arguments, demonstrate absence of intention to kill: point to weapon choice (wooden stick vs firearm), single blow, non-vital target area, and assistance rendered to the victim to bring the case under Part II of Section 105 BNS.