IPC 304 vs BNS 304
● Retained in BNSPunishment for culpable homicide not amounting to murder
Section 304 of the Indian Penal Code, 1860, deals with culpable homicide not amounting to murder, which occurs when a person causes death without the intent or knowledge required for murder under IPC 300. This provision ensures punishment for negligent or less intentional killings while distinguishing them from murder.
Key points:
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Applies to anyone who causes death intentionally but without the qualifying circumstances for murder, or by acts done with knowledge but without intent to cause death.
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Punishment:
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Section 304 Part I: Imprisonment up to 10 years if death is caused without intention to cause death.
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Section 304 Part II: Imprisonment up to life if death is caused with knowledge it is likely to cause death.
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Ensures proportionate punishment for less culpable killings compared to murder.
Example: A person hitting another in a fight knowing it might cause serious injury, but not intending to kill, falls under IPC 304. The law ensures justice while considering intent and circumstances.
Punishment for culpable homicide not amounting to murder
Section 304 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 304. It punishes culpable homicide not amounting to murder, maintaining legal accountability for deaths caused without full intent or premeditation.
Key points:
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Covers intentional or knowing acts causing death without the specific conditions of murder.
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Punishment:
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Part I: Imprisonment up to 10 years.
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Part II: Imprisonment for life or up to 10 years, depending on knowledge and circumstances.
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Ensures protection of life while differentiating from premeditated murder.
Example: A driver causing a fatal accident due to reckless driving, without intent to kill, would fall under BNS 304. This ensures justice and proportional punishment based on intent and negligence.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 304 to BNS BNS 304.