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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

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