BNS 2023 § 304
Definition
Section 304 of the Bharatiya Nyaya Sanhita 2023, covering culpable homicide not amounting to murder. Part I (intention to cause death or knowledge that death is the near-certain consequence) carries up to life imprisonment; Part II (knowledge that death is a likely consequence) carries up to ten years.
- Part I punishment
- Imprisonment for life, or up to 10 years, plus fine
- Part II punishment
- Imprisonment up to 10 years, or fine, or both
- Predecessor provision
- IPC 1860 Section 304 (pre-July 2024)
- Governing code
- Bharatiya Nyaya Sanhita 2023, in force from 1 July 2024
Common questions
How does BNS 304 differ from murder under BNS 103?+
Murder requires intention or knowledge amounting to near-certainty of death with no mitigating exception such as grave provocation or exceeding self-defence. Section 304 covers homicide that falls short of murder because an exception applies or the mental state is a lesser degree of knowledge, so the two provisions sit on the same continuum of unlawful killing at different culpability levels.
Why does Section 304 split culpable homicide into two parts?+
Part I punishes killing done with intention or knowledge that death is the near-certain result, treating it as closer to murder in culpability. Part II punishes killing done only with knowledge that death is a likely, not near-certain, consequence, reflecting a lower degree of foresight and a lighter maximum sentence.
Related terms
- Arms Rules 2016
- The subordinate legislation notified under the Arms Act 1959, replacing the Arms Rules 1962. Introduced a maximum of two firearms and 100...
- BNS 2023 § 117
- Section 117 of the Bharatiya Nyaya Sanhita 2023, covering rash and negligent acts that endanger life or personal safety. Section 117(2) applies...
- National Database of Arms Licences (NDAL)
- The centralised digital registry of civilian arms licences introduced by the Arms Rules 2016, maintained by the Ministry of Home Affairs. Enables...
- Non-Prohibited Bore (NPB)
- The category under the Arms Act 1959 covering firearms that a civilian may hold under a district-level licence. Common Indian NPB weapons...
- Prohibited Bore (PB)
- The category under the Arms Act 1959 covering firearms of bore exceeding .46 inch, weapons capable of automatic fire, and other items...
- Section 25 Arms Act
- The principal possession offence under the Arms Act 1959: acquiring, possessing, or carrying a firearm or ammunition without a licence. Maximum sentence...
- Section 27 Arms Act
- The use offence under the Arms Act 1959: using a firearm for an unlawful purpose. Minimum sentence seven years' imprisonment, extendable to...