Punishment for culpable homicide not amounting to murder
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Summary
An act causing death but falling short of murder is punished according to the offender’s mental state. If done with intent to cause death or to cause such bodily injury likely to cause death, the penalty is life imprisonment or imprisonment of not less than five years and up to ten years, plus a fine. If done with knowledge that death was likely but without intent, the penalty is imprisonment for up to ten years and a fine; the offence is cognizable, non-bailable and triable by a Sessions Court.
Example
Priya pours petrol into a locked shop knowing the night watchman sleeps inside and sets it on fire; the watchman dies. Because she knew death was likely but did not intend to kill, she can be punished with imprisonment for up to ten years and a fine under this provision.
Bare Act
Enacted textWhoever 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.
BNSS Classification
- Culpable homicide not amounting to murder, if act by which the death is caused is done with intention of causing death, etc. : Imprisonment for life, or Imprisonment for not less than 5 years but which may extend to 10 years and fine.
- If act be done with knowledge that it is likely to cause death, but without any intention to cause death, etc.: Imprisonment for 10 years and with fine.
- Cognizable
- Non-Bailable
- Triable by Court of Session.
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