IPC Section 304 — Punishment for culpable homicide not amounting to murder

offences affecting the human body

Criminal

Punishment

Life imprisonment · Imprisonment up to 10 years and fine

As the section puts it: “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”

Summary

If a person causes the death of another person through an act done with the intention of causing death, or with the intention of causing an injury that is likely to cause death, and this act amounts to culpable homicide but not murder, the punishment can be imprisonment for life, or imprisonment of any kind for up to ten years, along with a fine.

Official Text

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;

Related Provisions

culpable homicide not amounting to murder

Referred to by

Related Judgments

  • STATE OF RAJASTHAN vs RAM KAILASH ALIAS RAM VILAS — Supreme Court of India (2016)
  • SELLAPPAN vs STATE OF TAMIL NADU — Supreme Court of India (2007)
  • RICHHPAL SINGH MEENA vs GHASI @ GHISA & ORS — Supreme Court of India (2014)
  • SUNDER LAL vs STATE OF RAJASTHAN — Supreme Court of India (2007)
  • BUDHI SINGH vs STATE OF H.P — Supreme Court of India (2012)
  • ANBAZHAGAN vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE — Supreme Court of India (2023)

Old <-> New Code Mapping

  • BNS §105 — Punishment for culpable homicide not amounting to murder