Section 304 IPC: Punishment for Culpable Homicide Not Amounting to Murder

Section 304 of the Indian Penal Code states that 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.

IPC 304 in Simple Words

IPC Section 304 states that if someone causes death without intending murder, there are two situations:

• If there's intent to cause death or injury likely to cause death, they could get life imprisonment or up to ten years in prison, plus a fine.
• If they know their act might cause death but don't intend it, they could face up to two years in prison, a fine, or both.

The Supreme Court noted in the Anbazhagan v. State case that the first part treats it as murder initially, then applies exceptions to lessen the charge. The second part doesn't establish murder at all.

Cited by

• Paul vs The State Of Kerala
• Sharad Birdhi Chand Sarda vs State Of Maharashtra
• Sarla Mudgal, President vs Union Of India
• The State Of Punjab vs Gurmit Singh

Offence and Punishment Details

Offence	Punishment	Cognizance	Bail	Triable
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 10 Years + Fine	Cognizable	Non-Bailable	Court of Session
If act is done with knowledge that it is likely to cause death, but without any intention to cause death, etc.	10 Years or Fine or Both	Cognizable	Non-Bailable	Court of Session

Worried About Section 304 IPC Matters?

With Surksahalegalhelp, get a comprehensive understanding and guidance on IPC section 304 matters.

Section 304 - Punishment for Culpable Homicide Not Amounting to Murder

Section 304 of the Indian Penal Code states that 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. The accused will be liable for 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.

Punishment under Section 304 of IPC

Section 304 of the Code provides punishment for culpable homicide not amounting to murder. Under it, there are two kinds of punishment applying to two separate degrees of culpable homicide depending upon:

1. Intention to cause death or bodily injury likely to cause death.
2. Knowledge that the act is likely to cause death.

For conviction of the offence of culpable homicide not amounting to murder under Section 304, the following two circumstances must be proved:

• The act by which the death is caused is done with the intention of causing death.
• The act is done with the intention of causing bodily injury likely to cause death.

Under Section 304, the punishment is imprisonment for life or imprisonment of either description for a term which may extend to ten years, along with a fine.

How is Punishment Determined Under Section 304 of IPC?

In cases where harm is caused without intending death but with knowledge of its likelihood, Section 304 of the law prescribes punishment. This offence is taken seriously; it's cognizable, meaning arrest can happen without a court order, non-bailable, and tried in a Court of Session. In the case of Shanmugam v. State of Tamil Nadu, the accused used a spear in a quarrel, causing fatal injury to the victim, who succumbed to septicemia a week later. The court found the accused culpable for intending severe harm and sentenced him under Section 304.

In V. Sreedharan v. State of Kerala, the accused, as a result of provocation caused in the heat of passion upon a sudden quarrel, chased the deceased and gave a single fatal blow. The conviction was shifted from Section 300 to Section 304.

The bare reading of the section makes it crystal clear that the first and the second clauses refer to intention, while the third clause refers only to knowledge, not intent. Both the expression "intent" and "knowledge" are key to understanding culpable homicide.

How Can a Lawyer Help?

A case such as the one mentioned under Section 304 of IPC is complex to deal with, especially in a country like India, where there is a huge backlog of criminal cases. Criminal procedure involves dealing with police at various stages and attending court proceedings. It is essential to have an experienced criminal lawyer who can guide you through the legal process, draft effective complaints, and represent you in court for the best possible outcome.

Looking for information on the Indian Penal Code? Check out our exhaustive list of all sections offering in-depth explanations and legal insights for each IPC Section.

Need Help? Contact Surksahalegalhelp

If you have more doubts about Section 304 IPC or other legal matters, consider reaching out to Surksahalegalhelp for comprehensive legal advice.

Previous Next