IPC 304 → BNS 105: Culpable Homicide

Quick Summary: IPC 304 vs BNS 105

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 304 deals with culpable homicide, part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers culpable homicide as BNS 105 and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 304 cover?

IPC 304 dealt with culpable homicide — culpable homicide not amounting to murder. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 105: What changed in the new law?

Clarified definitions for better interpretation. From 1 July 2024, new complaints relating to culpable homicide are filed under BNS Section 105, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 105

Same punishment structure

Practical implications for advocates, police & citizens

• Advocates: For culpable homicide, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 304 carefully to BNS 105.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new culpable homicide FIR is filed under BNS 105.
• Law students & citizens: Punishment for culpable homicide rises sharply with the seriousness of the harm and the victim — the IPC 304 to BNS 105 change does not lower it.