105 BNS

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Introduction of Section 105 BNS

105 BNS outlines the punishment for committing “culpable homicide not amounting to murder.” This means when a person causes someone’s death without intending to kill or cause serious harm but knows their actions might lead to death, they can be punished with imprisonment and a fine.

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The Bharatiya Nyaya Sanhita (BNS) Section 105 replaces the old Indian Penal Code (IPC) Section 304.

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What is BNS Section105 ?

BNS Section 105 deals with cases of culpable homicide where the act is not considered murder. It covers situations where someone’s actions result in death but without the intent to kill. Punishments vary depending on whether the act was intentional or done with the knowledge of potential harm.

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BNS Section 105 in Simple Points

1. Culpable Homicide: This section addresses situations where a death occurs but it is not classified as murder due to lack of intent.
2. Intent vs Knowledge: Punishment depends on whether the person intended to cause harm or acted knowing it could cause death.
3. Punishment Severity: If done with intent, the punishment is more severe; if done with knowledge but no intent, the punishment is lighter.
4. Imprisonment: The minimum imprisonment can be five years, but it may extend up to ten years or life imprisonment depending on the case.
5. Fine: In addition to imprisonment, the person is also liable to pay a fine.

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Section 105 BNS Overview

Section 105 of the Bharatiya Nyaya Sanhita (BNS) defines the punishment for culpable homicide that falls short of being classified as murder. This includes acts where death is caused either with the intent to kill or with knowledge that the act is likely to cause death, but without a specific intention to kill.

BNS Section 2105 in Simple Points

1. Culpable Homicide:
   • This section applies to cases of culpable homicide, which means causing death with a level of fault or intent, but not to the extent required to be considered murder.
2. Intentional Death:
   • If someone causes death with the intention to kill or to cause injury likely to cause death, the punishment is severe.
3. Knowledge of Likely Death:
   • If death is caused with knowledge that the act is likely to result in death but without the intent to kill, the punishment is still significant but can be less severe.
4. Imprisonment Terms:
   • The punishment can include life imprisonment or imprisonment ranging from five to ten years, depending on the intention and knowledge involved.
5. Fine:
   • Besides imprisonment, the offender is also liable to pay a fine, which acts as an additional penalty.
6. Classification:
   • This offence is classified as cognizable, meaning the police can arrest the accused without a warrant.
7. Bailability:
   • The offence is non-bailable, meaning bail cannot be granted easily and requires judicial approval.
8. Compoundability:
   • The offence is non-compoundable, meaning it cannot be settled out of court by mutual agreement between the parties.
9. Trial By Court:
   • Cases under this section are tried by a Court of Session, which handles serious criminal cases.
10. Severity of Punishment:
    • The severity of the punishment reflects the seriousness of causing death, whether with intent or knowledge of the likely outcome.

Examples

1. Example 1:
   • If A intentionally strikes B with a weapon, knowing that it will likely cause death, and B dies as a result, A can be punished under Section 105. The punishment would be severe due to the intent to cause death.
2. Example 2:
   • If C throws a heavy object towards a group of people, knowing it might cause death but not intending to kill anyone specifically, and someone is killed, C would still be punished under Section 105. Here, the punishment would be based on the knowledge that the action was likely to cause death.

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BNS 105 Punishment

Imprisonment: If the act is done with intent to harm, the person may face life imprisonment or a term of 5 to 10 years.

Fine: The person may also be required to pay a fine, in addition to the prison sentence.

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BNS 105 bailable or not ?

No, BNS Section 105 is non-bailable, meaning the accused must go to court to apply for bail.

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Bharatiya Nyaya Sanhita Section 105

BNS Section	Description	Cognizable/Non-Cognizable	Bailable/Non-Bailable	Compoundable/Non-Compoundable	Punishment	Trial By
105	Culpable Homicide not amounting to murder	Cognizable	Non-Bailable	Non-Compoundable	Life imprisonment or 5-10 years and fine	Court of Session

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BNS Section 105 FAQs

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