According to section 304 of Indian penal code:-
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.
Classification of Offence
| Offence Description | Punishment provided | Cognizable/Non-Cognizable |
|---|---|---|
| Culpable homicide not amounting to murder, if act by which the death is caused is done with intention of causing death, etcIf act is done with knowledge that it is likely to cause death, but without any intention to cause death, etc. | Imprisonment for life, or imprisonmenr for 10 years and fine. Imprisonment for 10 years, or fine, or both. | Cognizable Cognizable |
| Bailable/Non-Bailable | Trial Court Details | Compoundable/Non-Compoundable |
| Non-Bailable Diito | Court of Session. Court of Session. | Non-Compoundable |
| Compoundable by Whom | Concerned Ministry | Concerned Department |
| Non-Compoundable | Ministry of Home Affairs | Department of Internal Security |
304 IPC Case Laws (Supreme Court and High Courts)
| Keshoram v. State of assam 1978 Cri LJ 1089 (SC) |
| A Gopaiah v. State of AP 1978 Cri LJ 798 (AP) |
| State of UP v. Premi 2003 Cri Lj 1554 (SC) |
| Jai Bhagwan v. State of Haryana 1999 Cri. LJ 1634 (SC) |
| State of UP v. Lakhmi AIR 1998 SC 1007 |
| State of Rajasthan v. Raj Narayan AIR 1998 SS 2060 |
| Murari v. State of Tamil Nadu 2001 Cri LJ 476 (SC) |
| Keshavlal v. State of Madhya Pradesh 2002 Cri LJ 1776 (SC) |
| Suresh Sita Ram Surve v. State of Maharashtra 2003 Cri LJ 475 (SC) |
| Pramed Kumar v. State of Up 2003 Cri LJ 2718 (Alld.) |
| State of Madhya Pradesh v. Ghanshyam Singh (2003 Cri. LJ 4339 (SC) |
| Chanda v. State of UP 2004 Cri LJ 2536 (SC) |
| Tholan v. State of Tamil Nadu 1984 Cri. LJ 478 (SC) |
| Jagat Singhand another v. State 1984 Cri. LJ 1551 (Delhi) |
| Maniyan v. State of Kerala 1990 Cri LJ 2515 (Kerala) |
| Hari Shankar v. State of Rajasthan 1999 Cri Lj 2902 (SC) |
| State of MP v. Deshraj 2004 Cri LJ 1414 (SC) |
| K. Rama Krishnan Unithan v. State of Kerala 1999 Cri. LJ 2101 (SC) |
| Ram Prakash Singh v. State of Bihar AIR 1998 SC 1190 |
| Sudhir Samjanta v. State of Bengal AIR 1998 SC 289 |
| Tarsen Singh v. State of Punjab 2002 Cri LJ 1021 (SC) |
| Manke Ram v. State of Haryana 2003 Cri Lj 2328 (SC) |
| Ruli Ram v. State of Haryana 2002 Cri Lj 4337 (SC) |
| Uday Singh v. State of UP 200s Cri LJ 4655 (SC) |
| State of Karnataka v. Mohamed Nazeer 2003 Cri LJ 1240 (SC) |
| Thankachan v. State of Kerala 2005 Cri. LJ 4130 (SC) |
| Cherlopalli Cheliminabi v. State of AP 2003 Cri. LJ 1246 (SC) |
| Hafiz v. State of Up 2006 Cri. LJ 522 (SC) |
FAQs on Section 304 of IPC
Culpable homicide not amounting to murder refers to cases where a person causes the death of another but does not fall under the specific circumstances defined as murder under Section 300 of IPC. The act may be done either with the intention to cause death or with the knowledge that it is likely to cause death.
Under Section 304 of IPC, if the act is done with the intention of causing death or causing bodily injury likely to cause death, the punishment is imprisonment for life or imprisonment of up to ten years, along with a fine. If the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, the punishment is imprisonment for up to ten years or a fine or both.
The main difference lies in the intention behind the act. If the act meets the specific criteria mentioned in Section 300 of IPC, i.e., done with intention or knowledge of causing death, it is considered murder under Section 302. If it does not meet these specific criteria but still results in death, it is categorized as culpable homicide not amounting to murder under Section 304.
No, culpable homicide not amounting to murder is a non-bailable offense. Bail can only be granted by the Court of Session after considering the facts and circumstances of the case.
No, like murder cases, the offense of culpable homicide not amounting to murder is also non-compoundable. This means the victim’s family cannot enter into a compromise with the accused to withdraw the case.
Read also:- IPC Section 302: Punishment For Murder
