Section 304 IPC (Culpable Homicide Not Amounting to Murder): 302 vs 304 (2026)
What Section 304 IPC means, how Part I differs from Part II, how culpable homicide differs from murder under Section 302, the punishment, bail position, and the BNS equivalent.
Explainer · Criminal Law
A death has happened, and the first question in the police file is whether it is murder or something less. That one choice decides the section, the punishment, and often the whole defence. Section 304 of the Indian Penal Code is the section used when a person causes death but the case does not reach the level of murder. This guide explains Section 304 in plain terms, how its two parts work, how it differs from Section 302, and what replaced it under the new criminal law. Last verified October 2026.
- What it is: the punishment section for culpable homicide not amounting to murder.
- Part I: intention to cause death or likely fatal injury. Life, or up to 10 years, plus fine.
- Part II: knowledge only. Up to 10 years, or fine, or both.
- Cognizable and non-bailable. Triable by the Court of Session.
- BNS equivalent: Section 105, with a five-year minimum on the intention limb.
01What Section 304 IPC means
Section 304 IPC is the punishment section for culpable homicide that is not murder. It does not define the offence. The definition sits in Section 299, and the line between murder and lesser homicide sits in Section 300.
Section 299 says a person commits culpable homicide when he causes death by an act done with the intention of causing death, or with the intention of causing a bodily injury likely to cause death, or with the knowledge that the act is likely to cause death. Section 300 then lists when culpable homicide becomes murder. If the case falls inside Section 300, it is murder and is punished under Section 302. If it falls under one of the five exceptions in Section 300, or never meets the Section 300 tests, it is culpable homicide not amounting to murder, and Section 304 applies.
So Section 304 is best read as a landing place. A court first asks whether death was caused. Then it asks whether it is murder. If not, Section 304 is the usual answer.
Not the same as negligence
Causing death by a rash or negligent act, without intention or knowledge, is a different offence under Section 304A. Section 304A is outside this guide.
02Part I and Part II of Section 304
Section 304 has two parts. They differ by the mental state of the accused, and the punishment differs with it.
Part I: intention
Part I applies when the act is done with the intention of causing death, or of causing a bodily injury likely to cause death, but the case is saved from murder by an exception. The most common exceptions are grave and sudden provocation, sudden fight in the heat of passion without premeditation, and exceeding the right of private defence in good faith.
Punishment under Part I is imprisonment for life, or imprisonment of either description for up to ten years, and the offender is also liable to fine.
Part II: knowledge only
Part II applies when the act is done with the knowledge that it is likely to cause death, but without any intention to cause death or such bodily injury. Here the accused knew the risk but did not mean to kill.
Punishment under Part II is imprisonment of either description for up to ten years, or fine, or both.
| Point | Part I | Part II |
|---|---|---|
| Mental state | Intention to cause death or likely fatal injury | Knowledge that death is likely, no intention |
| Maximum jail | Life imprisonment | Up to 10 years |
| Fine | Liable to fine | Fine is an alternative or an addition |
| Typical fact pattern | Killing in sudden fight or on grave provocation | Blow in a quarrel with a weapon or force likely to kill, no plan to kill |
Many appeals turn on exactly this point: was it Part I or Part II? A move from Part I to Part II can cut the sentence sharply.
03302 vs 304: how murder differs from culpable homicide
All murder is culpable homicide, but not all culpable homicide is murder. The difference is one of degree. Murder needs a higher level of intention or a higher probability of death.
| Point | Section 302 (murder) | Section 304 (culpable homicide) |
|---|---|---|
| Governing definition | Section 300 | Section 299 |
| Degree of intention or risk | Highest: death intended, or death the most probable result | Lower: injury likely to cause death, or exception applies |
| Punishment | Death or life imprisonment, plus fine | Part I: life or up to 10 years plus fine. Part II: up to 10 years, or fine, or both |
| Typical outcome of exceptions | Exceptions to Section 300 move the case out of 302 | Case lands here after an exception applies |
Courts look at the weapon used, the part of the body hit, the number and force of blows, whether the act was planned, and what happened just before. A sudden quarrel with no plan points toward Section 304. A planned attack on a vital part points toward Section 302.
04Punishment, bail and trial
Section 304 is a cognizable and non-bailable offence. Police can arrest without a warrant, and bail is not a matter of right. The offence is not compoundable, and it is triable by the Court of Session.
- Bail: since the offence is non-bailable, the court has discretion. It looks at the nature of the injury, the role of the accused, the risk of tampering with witnesses, and the stage of trial.
- Sentence: depends on the part. Part I can go up to life. Part II is capped at ten years.
- Fine: always possible, and in Part II it can be the only punishment in a rare case.
Remember that offences registered before 1 July 2024 are still dealt with under the IPC. Offences after that date fall under the new code, which has its own procedure law, the BNSS, in place of the CrPC.
05BNS equivalent: Section 105
For offences committed on or after 1 July 2024, the equivalent provision is Section 105 of the Bharatiya Nyaya Sanhita, 2023. It keeps the two-part structure but makes the punishment for the intentional limb stricter.
- Intention limb: imprisonment for life, or imprisonment of either description for not less than five years and up to ten years, plus fine. The five-year minimum is new.
- Knowledge limb: imprisonment of either description for up to ten years, plus fine.
Culpable homicide is defined in Section 100 BNS, and murder in Section 101, with punishment for murder in Section 103. Always check which code applies to the date of the offence before citing a section in a petition.
06Defence angles and the case law to know
Most Section 304 matters are fought on a few well-known points.
- Charge reduction: the defence argues the case is not murder because an exception to Section 300 applies, so Section 302 should be altered to Section 304.
- Part I to Part II: the defence argues there was knowledge but no intention, which lowers the maximum sentence.
- Sudden fight and provocation: no premeditation, heat of passion, and no undue advantage taken.
- Private defence: the accused went beyond the right of private defence, but in good faith.
Courts often cite Virsa Singh v. State of Punjab on when bodily injury is sufficient in the ordinary course of nature to cause death, and State of Andhra Pradesh v. Rayavarapu Punnayya on the difference between culpable homicide and murder. Read the full judgments before relying on them, and check later decisions that have followed or explained them.
Criminal practice often sits next to other speech and public order sections. For related explainers, see Section 153A IPC and Section 295A IPC.
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.
For a Section 304 matter, two jobs come up again and again. The first is research: finding judgments that moved a case from 302 to 304, or from Part I to Part II, with citations you can trust in court. Claw’s case search covers the Supreme Court and 25 High Courts and returns verified, court-ready citations. The second is tracking: sessions trials run over years, and dates slip. Claw’s case management follows hearings across courts and sends alerts. Claw has a free plan for individual advocates, and paid plans for teams.
If you track many matters across forums, see our guide to tools for tracking cases beyond NJDG. Claw does not use customer case documents to train AI models.
08Sources and further reading
- Indian Penal Code, 1860 (bare act): indiacode.nic.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. Check the current text of the statute and recent case law before acting.
09Frequently asked questions
What is Section 304 IPC?
Section 304 IPC punishes culpable homicide that does not amount to murder. Part I covers acts done with intention to cause death or likely fatal injury. Part II covers acts done with knowledge that death is likely, without intention.
What is the difference between Section 302 and Section 304 IPC?
Section 302 punishes murder, which needs the higher tests of Section 300. Section 304 punishes culpable homicide that falls short of murder, for example because an exception such as sudden fight or grave provocation applies. Murder carries death or life imprisonment. Section 304 carries lower maximums.
What is the punishment under Section 304 Part I and Part II?
Part I: life imprisonment, or up to ten years, plus fine. Part II: up to ten years, or fine, or both.
Is Section 304 IPC bailable?
No. It is a cognizable and non-bailable offence, so bail is at the discretion of the court. It is triable by the Court of Session.
What replaced Section 304 IPC in the BNS?
Section 105 of the Bharatiya Nyaya Sanhita, 2023, for offences committed on or after 1 July 2024. It adds a minimum of five years for the intention limb.
Can a Section 302 charge be reduced to Section 304?
Yes. If the court finds that an exception to Section 300 applies, or that the tests for murder are not met, it can convict under Section 304 instead. Appeals often argue exactly this.