BNS Section 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.

Culpable homicide will always be a very serious crime under the Bharatiya Nyaya Sanhita (BNS), 2023, which has now effectively replaced the Indian Penal Code (IPC). Section 105 deals with culpable homicide not amounting to murder, and distinguishes it from the crime of murder with Section 103 BNS. Integrally, while both unlawful killing of a human being by another human being, the mental intention and surrounding circumstances will help determine if the offence is murder or simply culpable homicide not amounting to murder.

Meaning of Culpable Homicide Not Amounting to Murder

“Homicide” simply means the killing of a human being by another human being. Homicide can either be:

• Lawful (justifiable): Like the death caused in the course of private defence or by lawful authority, or
• Unlawful: culpable homicide or murder.

As stated in section 105; culpable homicide not amounting to murder applies to those cases when the accused caused death with:

1. Intent to cause death, or
2. Intent to cause bodily injury (likely to cause death) or
3. Knowledge that the act is likely to cause death (without intent to cause death or intent to cause bodily injury that is likely to cause death).

Thus, the primary distinction from murder; there is an absence of aggravating circumstances or higher degree of intention that makes the act a murder.

Essential Elements

To prove culpable homicide not amounting to murder under Section 105 BNS, the prosecution needs to prove: 

1. Death of a human being: There has to be evidence that the act of the accused caused the death. 

2. Causal Connection: The death resulted directly from the act of the accused. 

3. Intention or knowledge: The accused must have:

      i. Intended to cause death

     ii. Intended to cause such bodily injury as is likely to cause death

     iii. Knew that his act was likely to cause death. 

4. Absence of conditions for murder: If the case falls under Section 103 BNS (murder), it means higher intention or cruelty which would disqualify the action as culpable homicide (not murder).

Punishments under Section 105 BNS

Section 105 BNS sets out the following punishments based upon the state of mind of the accused: 

1. With intention to cause death or bodily harm likely to cause death

• Life imprisonment, or
• Imprisonment up to 5-10 years
• Fine 

2. With knowledge but without intention

• Imprisonment up to ten years, and a fine. 

This distinction allows proportional punishment. The accused who merely knew there was a chance of death but did not intend to cause it, will receive a lighter sentence than someone who intended, and believed they would likely cause fatal harm.

Examples

1. Example 1 (with intention):  A stabs B in the chest in the course of a fight.  A intends to kill B, and B dies. In this case, A has committed culpable homicide (not amounting to murder) if the facts (sudden provocation) would modify A’s conduct from murder to a lesser form of culpable homicide.
2. Example 2 (with knowledge):  X drives a car, recklessly and at high speed, down a crowded street, knowing that she could cause someone’s death, but does not intend to kill anyone.  She hits a pedestrian and he die.  This will be culpable homicide, not amounting to murder.

FAQs on BNS Section 105