Section 105 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 105 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offence of culpable homicide not amounting to murder, establishing penalties based on the perpetrator's intent or knowledge regarding the likelihood of causing death.
📜 Text of Section 105: Punishment for Culpable Homicide Not Amounting to Murder
Section 105:
If the act causing death is done with the intention of causing death or of causing such bodily injury as is likely to cause death, the offender shall be punished with:
Imprisonment for life, or
Imprisonment for a term not less than five years but which may extend to ten years, and
Liable to 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, the offender shall be punished with:
Imprisonment for a term which may extend to ten years, and
Liable to fine
⚖️ Comparison with Indian Penal Code (IPC)
Section 105 of the BNS, 2023, aligns closely with Section 304 of the Indian Penal Code (IPC), 1860, which deals with culpable homicide not amounting to murder. The primary distinction lies in the specific penalties and the classification of the offence under the new code. While both sections address similar conduct, the BNS provides a more detailed framework for sentencing and includes provisions for fines.
🧾 Key Points
Offence: Culpable homicide not amounting to murder.()
Punishment:
With intent to cause death or such bodily injury likely to cause death: Imprisonment for life or 5 to 10 years, and a fine.
With knowledge that the act is likely to cause death: Imprisonment up to 10 years, and a fine.
Cognizability: Cognizable offence.
Bailability: Non-bailable.(
Triable by: Court of Session.
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