Culpable Homicide Not Amounting to Murder Under the BNS (Section 105) (2026)

Explainer · Criminal Law · BNS

Updated for 2026 · Claw Editorial

Culpable homicide not amounting to murder is punished under Section 105 of the Bharatiya Nyaya Sanhita (BNS), the new criminal code in force since 1 July 2024. Section 105 replaced Section 304 of the Indian Penal Code (IPC). It covers a killing that is culpable homicide but falls short of murder. This explainer sets out what Section 105 covers, how it maps to the old Section 304, the two levels of punishment, and what changed. Last verified October 2026.

01The line between murder and culpable homicide

Every murder is culpable homicide, but not every culpable homicide is murder. That single line decides whether a case goes to Section 103 of the BNS (murder) or to Section 105 (culpable homicide not amounting to murder). The difference is the degree of intention or knowledge, and whether an exception applies.

This is one of the most argued questions in a trial for a death. A sudden fight, grave and sudden provocation, or an act done without the intention to kill can bring an offence down from murder to culpable homicide, and that changes the sentence a great deal. Since 1 July 2024 the section number for this lesser offence is 105, not 304.

02What Section 105 covers

Section 105 of the BNS sets the punishment for culpable homicide that does not amount to murder. The definition of culpable homicide itself is in Section 100 of the BNS (the old Section 299 IPC), and the exceptions that pull an act out of murder are in Section 101.

In practice, Section 105 applies when a death is caused by an act done:

• with the intention of causing death, or of causing bodily injury likely to cause death, but the case falls within an exception (so it is not murder); or
• with the knowledge that it is likely to cause death, but without any intention to cause death or the injury likely to cause it.

03The two levels of punishment

Section 105 keeps the old two-part structure. The punishment depends on the mental state behind the act.

Part one (intention): where the act is done with the intention of causing death, or of causing bodily injury likely to cause death, the punishment is 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 a fine.

Part two (knowledge): where the act is done with the knowledge that it is likely to cause death, but without any intention to cause death or the injury likely to cause it, the punishment is imprisonment of either description for a term which may extend to ten years, and a fine.

The split between intention and knowledge is what decides the sentence under Section 105. Intention now carries a minimum of five years.

04Old to new: IPC 304 to BNS 105

Section 304 of the IPC is now Section 105 of the BNS. The two-part structure is carried over.

The one substantive change is the new minimum of five years for the first part. Under the old Section 304, the intention limb carried imprisonment up to ten years or life and a fine, with no floor, so a court could impose a short term. The BNS adds a five-year minimum for that limb.

05Classification

Culpable homicide not amounting to murder under Section 105 is:

• Cognizable: the police can register an FIR and investigate without court approval.
• Non-bailable: bail is decided by the court, not a matter of right.
• Triable by the Court of Session.

Because the punishment reaches life imprisonment, the offence is serious, even though it is one step below murder.

06What changed from the old law

The structure and the ingredients are the same as the old Section 304, so case law on the murder and culpable-homicide line still applies. The clear change is the five-year minimum for the intention limb, which narrows a judge’s discretion to give a very short sentence in that category.

Beyond that, the move is mostly renumbering, with the definition now in Section 100 and the exceptions in Section 101. For the related offences, see murder under Section 103 and attempt to murder under Section 109.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Whether a death is murder or culpable homicide is argued hard at the charge and judgment stages, and it often turns on how other courts have read similar facts. Offences and procedure under Section 105 are charged and litigated in cases across India. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds, so you can pull how courts have applied the intention and knowledge limbs, or follow a live matter by party or advocate name.

Claw does not use customer case documents to train AI models. Create a FREE Claw account to search and track cases under this section by party or advocate name. For broader research, see case search across Indian courts.

08Sources and further reading

• India Code (official text of the BNS, 2023): indiacode.nic.in
• PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
• Section 105, BNS (bare text): devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

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