Section 105 BNS: Punishment for culpable homicide not amounting to murder

Section 105 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the punishment for culpable homicide not amounting to murder . The provision is pivotal in distinguishing between various degrees of unlawful killings so that justice is served in accordance with the intent and knowledge of the offender . This article delves into the specifics of Section 105 BNS, offering a comprehensive understanding of its language, interpretation, essential elements, nature and scope, comparison with the previous Indian Penal Code (IPC) provisions, judicial interpretations, landmark cases, and its overall impact. Explore other important Judiciary Notes.

Download 5 Key take aways on Section 105 BNS PDF

Section 105 BNS : Introduction

The Bharatiya Nyaya Sanhita (BNS), 2023 was enacted to modernize and consolidate India's criminal laws by replacing the Indian Penal Code (IPC), 1860 . Among its provisions Section 105 BNS deals specifically with culpable homicide not amounting to murder a critical area in criminal jurisprudence. The section ensures that individuals who cause death without the specific intent to kill but with knowledge that their actions are likely to cause death are appropriately penalized. Understanding Section 105 BNS is essential for legal practitioners, law students, and the general public to comprehend the nuances of criminal liability in cases of homicide.

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."

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Section 105 BNS : Simplified Interpretation 

Section 105 BNS addresses situations where an individual's actions result in death but the circumstances do not fulfill the criteria for murder . The section differentiates between two scenarios :

1.Intentional Acts : If a person causes death with the intention of causing death or inflicting bodily injury likely to cause death they face:

• Punishment: Imprisonment for life, or Imprisonment of not less than five years, which may extend up to ten years.
• Additional Penalty: Liable to a fine.

2. Knowledge-Based Acts: If a person causes death with the knowledge that their actions are likely to cause death, but without any intention to cause death or such bodily injury:

• Punishment: Imprisonment for up to ten years.
• Additional Penalty: Liable to a fine.

This distinction ensures that the punishment aligns with the offender's mental state and the gravity of their actions.

To establish an offense under Section 105 BNS, the following elements must be proven:

1. Actus Reus (Guilty Act): The accused committed an act that resulted in the death of another person.
    
2. Mens Rea (Guilty Mind) : The accused had either:

• The intention to cause death or bodily injury likely to cause death, or
• Knowledge that their act was likely to cause death, without the intention to cause death or such bodily injury.

3.Causation: A direct link between the accused's act and the resultant death.

All these components are necessary to substantiate charges under this section.

Section 105 BNS : Nature and Scope

Nature:

• Cognizable Offense: Law enforcement has the authority to register a case and arrest the accused without prior approval from the court.
• Non-Bailable: The granting of bail is not a matter of right and is subject to the discretion of the court.

Scope :

Section 105 BNS encompasses acts where death is caused without the specific intent to murder but with knowledge that the act could result in death. It addresses situations where the offender's actions are dangerous and carried out with awareness of potential fatal outcomes ensuring that such individuals are held accountable.

Comparison Between Section 105 BNS and Section 304 IPC

Section 105 BNS corresponds to Section 304 of the Indian Penal Code (IPC). The table below outlines the key differences:

Aspect	Section 304 IPC	Section 105 BNS (2023)
Provision Title	Punishment for culpable homicide not amounting to murder	Punishment for culpable homicide not amounting to murder
Classification	Divided into Part I (intent) and Part II (knowledge)	Covers both intent and knowledge within one section with separate clauses
Punishment (Intent)	Life imprisonment or imprisonment up to 10 years, and fine	Life imprisonment or minimum 5 years up to 10 years, and fine
Punishment (Knowledge)	Imprisonment up to 10 years, or fine, or both	Imprisonment up to 10 years, and fine
Minimum Sentence (Intent)	No statutory minimum	Minimum of 5 years imprisonment for acts done with intent
Cognizable/Non-Cognizable	Cognizable	Cognizable
Bailability	Non-bailable	Non-bailable
Triable By	Court of Session	Court of Session
Clarity in Language	Less precise, especially in dividing intent and knowledge-based actions	Clearer structure with defined clauses for both scenarios
Legislative Aim	To penalize acts of culpable homicide with varying degrees of mental intent	To modernize the law and apply stricter punishment based on clearer differentiation of intent and knowledge

This table shows how Section 105 BNS modernizes and strengthens the older Section 304 IPC, offering clearer guidance and firmer punishment to address culpable homicide not amounting to murder.

Section 105 BNS : Judicial Interpretation

Courts have long interpreted the concept of culpable homicide through nuanced reasoning. Under Section 105 BNS just like Section 304 IPC judges focus on the intention or knowledge of the accused while assessing guilt .

The judiciary considers :

• The nature of the act ( was it inherently dangerous ? )
• The degree of harm caused
• The mental state of the accused
• The surrounding circumstances (provocation, sudden fight etc. )

The detailed analysis helps to see that justice is done according to both legal standards and human reasoning .

Section 105 BNS : Landmark Cases

The landmark cases relating to the section are as follows -

• State of Andhra Pradesh v. Rayavarapu Punnayya (1976)
• The Court clarified the thin line between culpable homicide and murder stressing that intent and knowledge differentiate the two.
• K.M. Nanavati v. State of Maharashtra (1961)
• This famous case addressed emotional provocation and reduced the charge from murder to culpable homicide not amounting to murder.
• Virsa Singh v. State of Punjab (1958)
• The Supreme Court ruled that even if the injury was sufficient in the ordinary course of nature to cause death, the presence of intent plays a key role in applying the correct section.
• Reg v. Govinda (1876)
• One of the earliest decisions distinguishing between culpable homicide and murder under the IPC, still influential in interpreting Section 105 BNS.

These cases continue to shape the application of the law under Section 105 BNS helping judges draw distinctions between intent driven and knowledge based acts .

Section 105 BNS : Impact

Section 105 BNS has several key implications :

• Greater clarity : It removes confusion in interpretation by specifying minimum punishments and clearly defining different mental states.
• Stronger deterrence: A minimum of 5 years for intentional acts serves as a firmer deterrent than the previous IPC version.
• Efficient trials: By retaining the “triable by Court of Session” status, it ensures serious treatment of such cases.
• Modernized structure: The BNS's overall layout is easier to interpret, which helps in quicker legal processing and better understanding for students, law enforcement and courts.

Conclusion

Section 105 BNS under the Bharatiya Nyaya Sanhita, 2023, is a modern and structured update to Section 304 of the Indian Penal Code. It specifically addresses culpable homicide not amounting to murder by clearly differentiating between acts committed with intent and those done with knowledge. If an individual causes death with intent, Section 105 BNS prescribes life imprisonment or a minimum of five to ten years along with a fine. If the act is done with knowledge but without intent, the punishment may extend to ten years with a fine. Importantly, Section 105 BNS is non-bailable, cognizable and triable by a Court of Session, reflecting the serious nature of the offense. The provision is in line with the constitutional aim of delivering fair and proportionate justice while also acting as a stronger legal deterrent against violent actions. With clearer wording, defined sentencing and a streamlined structure, Section 105 BNS 2023 marks a significant shift in India's criminal law. Understanding offenses under Section 105 BNS is crucial for applying the law effectively while balancing justice, fairness and the rule of law.