IPC Section 304
IPC Section 304 – Punishment for Culpable Homicide Not Amounting to Murder
Text of Section 304 (simplified):
"Whoever causes the death of a person by doing an act with the intention of causing death, or with the knowledge that it is likely to cause death, but without the intention required for murder, shall be punished under this section."
1. Nature of the Offense
Section 304 deals with culpable homicide not amounting to murder.
It is a serious criminal offense under IPC.
The section applies when a death is caused without the full intent or premeditation required for murder.
2. Key Ingredients of the Offense
To constitute an offense under Section 304, the following elements must be present:
Culpable homicide:
There must be an act that causes the death of a person.
Intention or knowledge:
Either:
The act was done with the intention to cause death, or
The act was done with the knowledge that it is likely to cause death.
However, the intention or knowledge is not as extreme as in murder (Section 300).
Absence of murder-specific factors:
The act does not meet all conditions for murder, such as premeditation, extreme cruelty, or use of lethal means.
3. Classification and Punishment
Section 304 is divided into two parts:
Part I – Act done with the intention of causing death
Punishment: Imprisonment up to 10 years, and fine.
Part II – Act done with knowledge that it is likely to cause death
Punishment: Imprisonment up to 7 years, and fine.
The distinction depends on whether there was a direct intention to kill or just knowledge that death was likely.
4. Example Cases
Example 1 – Part I:
A person attacks another with a knife intending to kill, but the attack is not premeditated or deliberate enough to amount to murder.
Example 2 – Part II:
A person drives recklessly at high speed in a crowded market, knowing death is likely, and someone dies.
Example 3:
Assault causing death due to negligence or sudden fight without clear intent to murder.
5. Difference from Related Sections
Section 300 IPC (Murder): Requires intent or knowledge plus extreme factors like premeditation, cruelty, or deliberate action.
Section 304 IPC: Covers culpable homicide not amounting to murder, where intent or knowledge exists but murder criteria are not fulfilled.
Section 308 IPC: Attempts to commit culpable homicide (no death occurs).
✅ Summary:
IPC Section 304 punishes anyone who causes death with intention or knowledge but without fulfilling all conditions of murder. It distinguishes lesser culpable homicide from murder and provides appropriate punishment (7–10 years imprisonment) based on intent or knowledge.
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