BACK TO SECTIONSAIR 1977 SC 45
IPC 1860REPEALED
Section 304
Punishment for culpable homicide not amounting to murder
Replaced by: BNS 105
Non-BailableCognizable: YesCourt of Session
THE STATUTE
Original Text
Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death [Part I]. Or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death [Part II].
Simplified
Section 304 punishes culpable homicide that falls short of murder — where the killing lacked the specific murderous intent of Section 300 or where one of Section 300's five exceptions applied. Two punishment tiers: Part I (intent to cause death or serious injury likely to cause death) — up to life imprisonment; Part II (knowledge that death is likely, without intent) — up to 10 years. The Part I/Part II distinction is the most critical sentencing issue in Indian homicide law. A husband who kills his wife in a sudden rage triggered by genuine grave provocation is convicted under Section 304 Part I (not murder) but still faces life imprisonment. A person who recklessly handles a weapon causing accidental death with knowledge of risk may fall under Part II with a maximum 10 years.
Legal Evolution
In practice, the line between murder and Section 304 Part I is one of the most litigated questions in Indian courts — often turning on how courts assess the precise mental state in the heat of the moment.
Landmark Precedents
State of AP v. Rayavarapu Punnayya (1976)
RELEVANCE
Provides the analytical framework courts use to distinguish murder (Section 302) from culpable homicide (Section 304).
Practical Scenarios
"A husband who kills his wife in a sudden rage triggered by genuine provocation — Section 304 Part I."
"A person who fires into a dense crowd knowing death is likely but not targeting anyone — Section 304 Part II."
Common Queries
Part I captures killings with intent (where a mitigating excuse reduces murder to culpable homicide) — maximum life imprisonment. Part II captures killings with knowledge but without intent — maximum 10 years.