सं Samvidhan

Indian Penal Code, 1860

Section 304

repealed

Punishment for culpable homicide not amounting to murder

Why this exists

This section punishes killings that fall short of murder, typically because a legally recognised exception applies (such as grave and sudden provocation, or exceeding the right of self-defence), but which still involved intending to cause death or a fatal-type injury. It allows for a serious but more calibrated punishment than the potential death penalty reserved for murder. Under the Bharatiya Nyaya Sanhita, 2023, this offence continues under a renumbered section.

How courts read it

Courts have repeatedly used this section for cases where an accused acted under grave and sudden provocation, or in a sudden fight without premeditation, converting what might otherwise look like murder into this lesser offence, so long as the specific legal exceptions to murder are shown to apply on the facts; the key inquiry is usually whether the intention or knowledge behind the act, and the surrounding circumstances, fit an exception rather than the general rule that culpable homicide is murder.