Section 105 BNS: Punishment for Culpable Homicide Not Amounting to Murder
Section 105 of the Bharatiya Nyaya Sanhita, 2023 prescribes punishment for culpable homicide not amounting to murder and distinguishes cases based on intention from cases based only on knowledge.
Text of Section 105 of the Bharatiya Nyaya Sanhita, 2023
105. Punishment for culpable homicide not amounting to murder. 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.
What Section 105 means
Section 105 applies when an act amounts to culpable homicide but does not amount to murder. The provision creates two punishment bands. The more serious category applies where the act causing death is accompanied by an intention to cause death or an intention to cause bodily injury likely to cause death. A lower punishment range applies where there is knowledge that death is likely, but there is no intention to cause death or such bodily injury.
Punishment under Section 105 BNS
| Where intention is present | Imprisonment for life, or imprisonment of either description for not less than five years and up to ten years, and fine. |
|---|---|
| Where there is knowledge but no intention | Imprisonment of either description for up to ten years and fine. |
Intention and knowledge under Section 105
Cases involving intention
The first part of Section 105 covers an act done with the intention of causing death or with the intention of causing bodily injury that is likely to cause death. Because the mental element is stronger, the section permits imprisonment for life and also provides a minimum term of five years where a term sentence is imposed.
Cases involving knowledge without intention
The second part applies where the person knows that the act is likely to cause death but does not intend to cause death or bodily injury likely to cause death. The maximum imprisonment under this part is ten years, together with fine.
Section 105 and related BNS provisions
Section 105 should be read with the surrounding homicide provisions. The statutory classification depends on the facts, the nature of the act, the mental element, and whether the case falls within the legal requirements for murder or culpable homicide not amounting to murder.
- Section 101 - Murder
- Section 102 - Culpable homicide by causing death of a person other than the person whose death was intended
- Section 103 - Punishment for murder
- Section 104 - Punishment for murder by life-convict
- Section 106 - Causing death by negligence
Official statutory sources
The authoritative text can be checked through the Government of India resources below.
- India Code - Bharatiya Nyaya Sanhita, 2023
- Ministry of Home Affairs - New Criminal Laws
- Ministry of Home Affairs - Commencement notification dated February 23, 2024
This page provides general legal information. Application of Section 105 depends on the facts, applicable procedural law, and binding judicial decisions.