Culpable homicide not amounting to murder is a minor or 'lesser' crime with light punishment.

It can carry life imprisonment, and even the lower band allows up to 10 years in prison plus a fine — it is treated very seriously, just distinguished from murder based on intent and circumstances.

This section and 'murder' are the same thing with different names.

Courts treat murder (BNS Section 103) and this offence as legally distinct, based on specific exceptions like sudden provocation, absence of premeditation, or exceeding self-defence, which reduce a killing from murder to culpable homicide not amounting to murder.

Bharatiya Nyaya Sanhita, 2023

Section 105

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 shall not be less than five years but 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 and with fine, 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.§

Why this exists

Indian criminal law has long distinguished 'murder' from a lesser but still serious offence of 'culpable homicide not amounting to murder.' This distinction (carried over from Section 304 of the old Indian Penal Code into Section 105 of the Bharatiya Nyaya Sanhita, 2023) recognises that not every killing is equally blameworthy — some happen in the heat of a sudden fight, under grave provocation, or through reckless disregard for safety, without the cold intention or extreme cruelty that defines murder. By splitting punishment into two tiers based on intention versus mere knowledge, the law tries to match the sentence to the offender's actual state of mind.

How courts read it

Under the identical earlier provision (IPC Section 304), Indian courts developed a settled framework for separating this offence from murder (IPC Section 300, now BNS Section 103) using the concept of 'exceptions' — such as sudden and grave provocation, exceeding the right of private defence, or a sudden fight without premeditation. Courts have repeatedly held that the first part (intention to kill or to cause likely-fatal injury) attracts the harsher range, while the second part (mere knowledge of likely death, without intent) attracts the lighter maximum. Judgments have stressed examining the weapon used, the nature of injuries, and the circumstances of the incident to decide which part applies, and to distinguish this offence from murder on one side and from causing death by negligence on the other.

Common misconceptions

Myth: Culpable homicide not amounting to murder is a minor or 'lesser' crime with light punishment.
Fact: It can carry life imprisonment, and even the lower band allows up to 10 years in prison plus a fine — it is treated very seriously, just distinguished from murder based on intent and circumstances.
Myth: This section and 'murder' are the same thing with different names.
Fact: Courts treat murder (BNS Section 103) and this offence as legally distinct, based on specific exceptions like sudden provocation, absence of premeditation, or exceeding self-defence, which reduce a killing from murder to culpable homicide not amounting to murder.