BNS Section 105

Section 105 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses 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.

Key Points in BNS-105
 

1. Definition of Culpable Homicide:
    

   • Culpable homicide is a crime where death is caused either intentionally or recklessly but does not meet the criteria for murder.
      

2. Punishment for Culpable Homicide Not Amounting to Murder:
    

   • Imprisonment for Life or 5 to 10 Years:
      

     • If the act causing death is done with the intention to cause death or with the intention of causing bodily injury likely to cause death, the punishment can be imprisonment for life or a term of 5 to 10 years. Additionally, the offender may be liable for a fine.
        

   • Imprisonment Up to 10 Years:
      

     • If the act causing death is done with the knowledge that it is likely to cause death, but without the intention to cause death or to cause bodily injury likely to cause death, the punishment is imprisonment for up to 10 years and a fine.
        

Summary

BNS-105 addresses culpable homicide that does not qualify as murder. The severity of the punishment depends on the offender’s intention or knowledge regarding the likelihood of causing death:
 

• With Intent: Life imprisonment or 5 to 10 years imprisonment, along with a fine.
   

• With Knowledge: Up to 10 years imprisonment and a fine.
   

This provision ensures that the punishment reflects the degree of intent or recklessness involved in the act.

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