Section 304 of the Indian Penal Code, 1860 prescribed punishment for culpable homicide not amounting to murder and has been replaced by Section 105 of the Bharatiya Nyaya Sanhita, 2023, effective 1 July 2024. The two-part structure distinguishing intention-based and knowledge-based culpable homicide is retained, but BNS 105 introduces a minimum five-year sentence for Part I and makes fine mandatory under Part II.
What changed
| Old law | New law | |
|---|---|---|
| Act | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Section | 304 | 105 |
| Title | Punishment for culpable homicide not amounting to murder | Punishment for culpable homicide not amounting to murder |
| Change type | Modified — minimum sentence added, fine made mandatory |
Full statutory text
Section 304 IPC (repealed w.e.f. 1 July 2024)
Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term 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, or with fine, or with both, 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.
Section 105 BNS
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.
Text in bold highlights the key change in Part II (fine now mandatory with "and with fine" replacing the IPC's "or with fine, or with both"). The minimum five-year term in Part I is also a new addition.
Key differences
Minimum sentence for Part I: Under IPC 304 Part I, there was no minimum sentence — courts could impose any term up to ten years or life imprisonment. BNS 105 Part I introduces a mandatory minimum of five years, narrowing judicial discretion.
Mandatory fine under Part II: Under IPC 304 Part II, the fine was discretionary ("or with fine, or with both"). Under BNS 105 Part II, fine is now mandatory alongside imprisonment ("and shall also be liable to fine"), removing the option of imprisonment alone.
Upper limits unchanged: The maximum sentence remains imprisonment for life or ten years under Part I, and ten years under Part II.
Two-part structure preserved: The fundamental distinction between intention-based culpable homicide (Part I, more serious) and knowledge-based culpable homicide (Part II, less serious) remains identical.
Definition unchanged: The definition of culpable homicide under Section 100 BNS (corresponding to Section 299 IPC) remains substantively the same.
What this means for practitioners
For drafting and citations: All charge sheets, FIRs, and court filings for offences committed on or after 1 July 2024 must cite Section 105 BNS instead of Section 304 IPC. Defence counsel should note the new minimum five-year sentence under Part I when advising clients on sentencing exposure.
For pending cases: Offences committed before 1 July 2024 continue to be governed by Section 304 IPC. This distinction is particularly important for sentencing, as the IPC permitted sentences below five years for Part I offences, while the BNS does not. The more lenient provision (IPC 304) applies to pre-commencement offences under the principle of beneficial construction.
For new cases: The five-year minimum under Part I means that courts can no longer impose token sentences in culpable homicide cases involving intentional acts. Defence strategies in BNS-era cases will increasingly focus on establishing that the case falls under Part II (knowledge-based, no minimum) rather than Part I (intention-based, five-year minimum). Plea bargaining dynamics may also shift, as the sentencing floor limits the range of negotiated outcomes.
Does old case law still apply?
The core jurisprudence distinguishing murder from culpable homicide remains fully applicable under the BNS framework.
Virsa Singh v. State of Punjab AIR 1958 SC 465 — The Supreme Court laid down the four-pronged test for Section 300 clause thirdly: (a) bodily injury must be present, (b) nature of injury must be proved, (c) injury must be intentionally inflicted, and (d) injury must be sufficient in the ordinary course of nature to cause death. This test continues to govern the murder vs. culpable homicide distinction.
K.M. Nanavati v. State of Maharashtra AIR 1962 SC 605 — The landmark case on grave and sudden provocation as an exception to murder, reducing the offence to culpable homicide. The principles governing Exception 1 to Section 300 IPC (now Exception 1 to Section 101 BNS) remain unchanged.
Pulicherla Nagaraju v. State of A.P. (2006) 11 SCC 444 — The Court held that the distinction between murder and culpable homicide lies in the degree of the act, and provided a comprehensive framework for determining which category an offence falls under based on the nature of the weapon, manner of attack, and body part targeted.
All three decisions remain good law under BNS 105, as the substantive definition and the exception framework are unchanged. Only the sentencing range has been modified.
Judicial interpretation under BNS 105 (post-July 2024)
The Delhi High Court in Manga Ram v. State (Crl. Appeal 276/2002, decided 14 February 2025) modified a murder conviction under Section 302 IPC to Section 304 Part II IPC, reducing the sentence to the time already served (9 years). The case demonstrates the continuing judicial practice of reclassifying murder to culpable homicide where the evidence establishes knowledge of likely death but not intention to cause death. Under BNS 105, this Part I vs. Part II distinction carries even greater significance given the five-year mandatory minimum for Part I offences.
No post-July 2024 cases directly citing Section 105 BNS were found in the Veritect database as of April 2026.
Veritect reference: DLHC010058082002_1_2025-02-14
Frequently asked questions
What is the BNS equivalent of Section 304 IPC? Section 105 of the Bharatiya Nyaya Sanhita, 2023 is the direct equivalent of Section 304 IPC. It retains the two-part structure but introduces a minimum five-year sentence for Part I and makes fine mandatory for Part II.
Does old case law on Section 304 IPC still apply? Yes. The definition of culpable homicide and the exceptions to murder are substantively unchanged. All Supreme Court precedent on the distinction between murder and culpable homicide — including Virsa Singh (1958) and Pulicherla Nagaraju (2006) — continues to apply.
Which section applies to cases before 1 July 2024? Section 304 IPC applies to all culpable homicide offences committed before 1 July 2024. The more lenient IPC sentencing regime (no minimum under Part I, discretionary fine under Part II) governs pre-commencement offences.
What is the minimum sentence for culpable homicide under BNS? Under BNS 105 Part I (intention-based), the minimum sentence is five years imprisonment. Under Part II (knowledge-based), there is no specified minimum. The maximum remains life imprisonment or ten years for Part I, and ten years for Part II.