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Section 105 — Punishment for culpable homicide not amounting to murder
105
105
Punishment for culpable homicide not amounting to murder
Bharatiya Nyaya Sanhita, 2023
Chapter VI Of Offences Affecting The Human Body
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Culpable HomicidePunishmentCriminal OffenceChapter VISevere
🗣️ Simple Explanation
What does this law say? Section 105 of the BNS explains the punishment for culpable homicide that isn't murder. This means causing a death, but not with the intent to kill. The punishment depends on the intent. This section replaces no old section of IPC.
Why does this law exist? This law ensures that people are held accountable for causing a death, even if they didn't plan to kill. It covers situations where the actions were reckless or dangerous.
Real-life impact This law applies in cases where someone's actions lead to a death, but it wasn't planned. For example, if someone gets into a fight and someone dies, this law might apply.
What happens if you break this law? If you intended to cause death or serious injury, you could face life in prison or imprisonment for 5 to 10 years, plus a fine. If you knew your actions could cause death, but didn't intend to kill, you could face up to 10 years in prison and a fine. Police can arrest you without a warrant.
⚖️ Punishment

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.

💡 Real Life Example

Rahul, intending to cause serious injury, hits Amit, who dies. Rahul faces life imprisonment or 5-10 years in jail. Amit, knowing his reckless driving could kill someone, hits and kills a pedestrian. Amit faces up to 10 years in jail. Sneha, in a heated argument, pushes Priya, who falls and dies. Sneha faces life imprisonment or 5-10 years in jail. The legal consequence is imprisonment and fine.

🛡️ KNOW YOUR RIGHTS
  • •Remain silent and do not answer questions.
  • •Contact a lawyer immediately.
  • •Understand the charges against you.
  • •Seek legal aid if you cannot afford a lawyer (Article 39A).
  • •Gather evidence to support your defense.
❓ FREQUENTLY ASKED QUESTIONS
Culpable homicide not amounting to murder is causing a death without the intention to kill. It covers situations where the actions were reckless or dangerous, but the intent to kill was not present. The punishment varies depending on the intent and knowledge of the offender.
The punishment depends on the intent. If the act was done with the intention of causing death or serious injury, the punishment is imprisonment for life or imprisonment for a term not less than five years but which may extend to ten years, and a fine. If the act was done with the knowledge that it was likely to cause death, but without the intention to cause death or serious injury, the punishment is imprisonment for a term which may extend to ten years and a fine.
The bail status depends on the specific circumstances. If the act was done with the intention of causing death or serious injury, it is likely to be a non-bailable offense. If the act was done with the knowledge that it was likely to cause death, but without the intention to cause death or serious injury, it may be bailable, depending on the discretion of the court.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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