Section 105 of BNS 2023 | Punishment for Culpable Homicide not Amounting to Murder
Section 105 of BNS
Section 105 of BNS provides for punishment for culpable homicide not amounting to murder.
(1) Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Explanation.—For the purposes of this sub-section, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.
105 BNS : Punishment for Culpable Homicide
If act by which the death is caused is done with intension of causing death etc, the punishment is imprisonment for life, or not less than 10 years but which may be extended to 10 years and fine.
If anyone acted with knowledge that it is likely to cause death without any intention to cause death, etc.
The punishment will be Imprisonment for 10 years and with fine.
Section 100 of BNS define about the offence of Culpable Homicide.
The accused can file anticipatory bail, if the accused has reasonable grounds for the same.
105 BNS Bailable or not Bailable
The Offence of culpable homicide is Cognizable and Non-Bailable.
Session Judge has jurisdiction over to try this offence of Section 105 of BNS.
Frequently Asked Questions
What is Section 105 of the BNS 2023 about?
It deals with the punishment for committing culpable homicide not amounting to murder.
What is the punishment under Section 105?
Punishment can range from imprisonment for life, or imprisonment for 5 to 10 years, along with a fine.
What are the conditions for the harsher punishment?
If anyone caused the death with the intention of causing death or causing injury likely to result in death.
The punishment is life imprisonment or a minimum of 5 years.
What if any committed offence without intent to cause death?
If there is no intent to cause death. However, anyone acted with knowledge that it could lead to death.
The punishment is up to 10 years of imprisonment and a fine.
Is the offense cognizable or non-cognizable?
It is a cognizable offense, meaning the police can arrest without a warrant.
Is the offense bailable or non-bailable?
The offense is non-bailable.
Which court has jurisdiction over this offense?
The Court of Session has jurisdiction over cases under Section 105.
What distinguishes culpable homicide under this section from murder?
The key difference lies in the absence of the intention to cause death, which makes it culpable homicide and not murder.
What are the key elements for this section to apply?
Intent to kill.
What are circumstances for reduction of punishment ?
Yes, If any acted only without knowledge of its possible consequences and no intention to cause death.
In those case a lesser punishment (up to 10 years) can be applied.