Role of Section 105 under BNS

The newly enacted BNS talks about punishment for culpable homicide, not amount to murder. The difference between murder and culpable homicide is between the intention and the surrounding circumstances. Section 105 of BNS talks about this. It also includes those acts that come under the exceptions of murder. These can be grave and sudden provocation, private defense, etc. The degree of intention or knowledge is not that high in these exceptions. That is why these offenses fall under culpable homicide. The punishment for culpable homicide is less than murder.

Section 105 under BNS

Section 105 of BNS states that if the person has committed any such act by which death has been caused. The act was done to cause death or with the intention of causing such bodily injury that is likely to cause death, then such person may be punished with life imprisonment or with imprisonment which shall not be less than five years but which shall not be more than ten years. The person will also be liable to a fine along with imprisonment.

The second part of Section 105 of BNS states that if the person has committed any act with the knowledge that such act is likely to cause death but he does not have any intention to cause death by such act, or he has committed the act with the knowledge that such act might cause such bodily injury as it is likely to cause death, then such person shall be punished with imprisonment of ten years and with fine.

The key elements of Culpable Homicide not amount to murder

• Intention: In a culpable homicide not amounting to murder in which the intention to cause death is not so high. There is an intention to cause such bodily injury which might result in causing death. The intention is not as high as the offense of murder.
• Knowledge: Knowledge refers to the awareness without any intention of the consequence. Knowledge means that in line of course of action there is someone and there is a probability that death might be the consequence,  but there is no certainty that the death will be caused. The accused does not have any intention to kill but only knowledge that the death might be caused.

Conditions under which culpable homicide does not amount to murder

• Grave and Sudden Provocation: If the person had committed the murder under grave and sudden provocation when he was deprived of the power of self-control. In this situation, if the person causes the death of the person who gave the provocation or of any other person under mistake or accident.
• Private Defense: If the person, while exercising the right of private defense exceeds the power and in consequence, causes the death of the person. In this situation, the death should be caused without any premeditation in good faith and without any intention to cause more harm.
• Public Servant: If a public servant, while performing his duty, has caused the death, exceeds his duty in good faith. The public servant has committed the offense under the belief that he is by law duty bound to do this act. The public servant should not have ill will towards the other person whose death has been caused.
• Sudden Fight: If the murder has been committed during a sudden fight without any pre-mediation and without taking undue advantage of the other person.
• Consent: If the death has been caused with the consent of the person who is above the age of 18 and takes the risk of his death by his own consent.

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