IPC Section 304 - Punishment for Culpable Homicide Not Amounting to Murder
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, 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.
Official 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, 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.”
Legal Analysis
Elements to Prove:
- The accused committed culpable homicide.
- The homicide did not amount to murder.
- The act was done with intention or knowledge.
- The death was caused by the act.
Potential Defenses:
- No culpable homicide was committed.
- The homicide amounted to murder.
- The accused had no intention or knowledge.
- The accused was acting under legal authority.
Practical Examples
What Constitutes the Offense:
A person causing death in a sudden fight, or administering medicine that causes death without intent to kill.
What Doesn't Constitute:
A person accidentally causing death, or acting in self-defense.
Important Case Laws
K.M. Nanavati v. State of Maharashtra (1962)
The Supreme Court distinguished between murder and culpable homicide not amounting to murder, establishing the punishment structure.
Punishment
Imprisonment for Life, or up to 10 years and Fine (if with intention); up to 10 years, or Fine, or both (if with knowledge only)
Related Information
Connected Sections:
This section provides punishment for culpable homicide not amounting to murder. It follows Section 299 and is distinct from Section 302.
Procedural Aspects:
Prosecution requires proof of intention or knowledge. The case is triable by a Court of Session.