Heading of the Section: Punishment for culpable homicide not amounting to murder
Scope of this section: Section 304 of the Indian Penal Code divides the offence of culpable homicide not amounting to murder into two types depending upon the gravity and nature of the offence:
1. First is much more serious and grave in nature
as liability has to be proved by showing the intention of the person who is
committing the offence.
2. Second is considered to be less serious because
the liability exists without considering the intent of the perpetrator.
Punishment for culpable homicide not amounting to murder under
Section 304 IPC: This section provides
that if any person commits culpable homicide not amounting to murder, then
he/she shall be punished with imprisonment for life, or imprisonment for either
description of a term which may extend to 10 years. Also, fine can be
imposed if there was the intention of the perpetrator present.
Illustration: Ram
succeeds in inducing Payal to put a house on fire, having the knowledge that
Meghna is inside the house. In this situation, Payal commits no offence, but
Ram will be held guilty for committing an offence of culpable homicide under
this section.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc. If act is done with knowledge that it is likely to cause death, but without any intention to cause death, etc. | Imprisonment for Life or 10 Years + Fine 10 Years or Fine or Both | Cognizable Cognizable | Non-Bailable Non-Bailable | Court of Sessions Court of Sessions |
| Offence | Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc. If act is done with knowledge that it is likely to cause death, but without any intention to cause death, etc. |
|---|---|
| Punishment | Imprisonment for Life or 10 Years + Fine 10 Years or Fine or Both |
| Cognizance | Cognizable Cognizable |
| Bail | Non-Bailable Non-Bailable |
| Triable By | Court of Sessions Court of Sessions |
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