IPC 304 → BNS 105: Culpable Homicide

Quick Summary: IPC 304 vs BNS 105

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 304 (Culpable Homicide) is now mapped to BNS Section 105.

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 relating to this offence in India 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, all new criminal complaints relating to culpable homicide are filed under BNS Section 105. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 105

Same punishment structure

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 105 instead of IPC 304.
• Police officers: Use BNS 105 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 304 ↔ BNS 105 mapping.