IPC to BNS
IPC Section 304 in BNS: Section 105
Section 304 of the Indian Penal Code, 1860 (Punishment for culpable homicide not amounting to murder) corresponds to Section 105 of the Bharatiya Nyaya Sanhita, 2023.
Last updated 9 October 2026
IPC 304 and BNS 105 at a glance
| IPC (old) | BNS (new) | |
|---|---|---|
| Section | 304 | 105 |
| Heading | Punishment for culpable homicide not amounting to murder | Punishment for culpable homicide not amounting to murder |
| Punishment | Intention limb: imprisonment for life, or up to 10 years, and fine. Knowledge limb: up to 10 years, or fine, or both. | Intention limb: imprisonment for life, or not less than 5 years and up to 10 years, and fine. Knowledge limb: up to 10 years and fine. |
| Mapping | Direct equivalent | |
What IPC Section 304 covered
Punishes culpable homicide that does not amount to murder, in two limbs: where the act is done with intention to cause death or a fatal injury, and where it is done only with knowledge that it is likely to cause death.
What changed in BNS Section 105
BNS Section 105 introduces a minimum of five years for the intention limb and makes the fine mandatory, rather than an alternative, in the knowledge limb.
Punishment: IPC 304 compared with BNS 105
- Under IPC Section 304
- Intention limb: imprisonment for life, or up to 10 years, and fine. Knowledge limb: up to 10 years, or fine, or both.
- Under BNS Section 105
- Intention limb: imprisonment for life, or not less than 5 years and up to 10 years, and fine. Knowledge limb: up to 10 years and fine.
Which law applies: IPC or BNS?
The BNS applies to offences committed on or after 1 July 2024. An offence committed before that date continues to be investigated, tried and punished under the IPC, because the repeal and savings clause in Section 358 of the BNS preserves liabilities and proceedings under the repealed Code.
Read the full text of both provisions before you cite them. The official bare acts are published on India Code.
IPC 304: common questions
What is the new section for IPC 304?
IPC Section 304 (Punishment for culpable homicide not amounting to murder) corresponds to Section 105 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What is the punishment under BNS Section 105?
Intention limb: imprisonment for life, or not less than 5 years and up to 10 years, and fine. Knowledge limb: up to 10 years and fine.
Does IPC Section 304 still apply to older cases?
The BNS applies to offences committed on or after 1 July 2024. An offence committed before that date continues to be investigated, tried and punished under the IPC, because the repeal and savings clause in Section 358 of the BNS preserves liabilities and proceedings under the repealed Code.
Related IPC sections
- IPC 302 to BNS 103(1) · Murder
- IPC 304A to BNS 106(1) · Death by negligence
- IPC 300 to BNS 101 · Murder (definition)
- IPC 299 to BNS 100 · Culpable homicide
- IPC 306 to BNS 108 · Abetment of suicide
- IPC 307 to BNS 109 · Attempt to murder
- IPC 308 to BNS 110 · Attempt to culpable homicide
- IPC 309 to BNS 226 · Attempt to suicide
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Not legal advice. This comparison is a research starting point. A mapped section is not proof that two provisions are identical. Read both bare acts, check commencement and any later amendment, and have a qualified advocate review anything you intend to rely on. Settl is not a law firm.