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.
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.
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.