(1) Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Explanation.—For the purposes of this sub-section, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.
Simplified Explanation
Section 105 of the Bharatiya Nyaya Sanhita (Indian Penal Code) addresses the punishment for culpable homicide not amounting to murder. This provision specifically deals with cases where the accused has caused the death of another person, but the circumstances do not elevate the act to murder as defined under the IPC.
Text of Section 105
The section states:
“Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
Explanation
Culpable Homicide refers to an act where a person causes the death of another with the intent to cause death or with the knowledge that their actions are likely to cause death. However, not all culpable homicides are classified as murder. The distinction between culpable homicide and murder often comes down to the intent and circumstances surrounding the act.
- Culpable Homicide Not Amounting to Murder: This refers to situations where the accused intended to cause harm or death, but the act did not meet the higher threshold of murder. For example, in certain cases where the accused had no premeditation, or the killing occurred under provocation, it might be categorized as culpable homicide not amounting to murder rather than murder.
Distinction Between Murder and Culpable Homicide Not Amounting to Murder
The key differences generally revolve around intention and provocation:
- Murder (Section 302 IPC): Involves a clear intent to kill or situations where the act was particularly brutal, shocking, or done in a premeditated manner.
- Culpable Homicide Not Amounting to Murder (Section 304 IPC): This can occur in cases where the accused caused death without the specific intent to kill but in a way that still involved gross negligence or reckless disregard for human life. It can also occur in cases where there was provocation (e.g., killing in the heat of the moment), sudden fight, or provocation that reduces the seriousness of the crime from murder to culpable homicide.
Punishment Under Section 105
The punishment for culpable homicide not amounting to murder can include:
- Imprisonment for Life: The person may be sentenced to life imprisonment.
- Imprisonment for Up to 10 Years: The court may impose a term of imprisonment of up to 10 years, depending on the specifics of the case, such as the nature of the crime and any mitigating factors.
- Liability for Fine: In addition to imprisonment, the person convicted of this crime may also be required to pay a fine.
Key Points
- Punishment Flexibility: The punishment under this section is not as severe as the punishment for murder. Life imprisonment or up to 10 years of imprisonment is the maximum penalty, which reflects the less severe nature of the crime compared to murder.
- Context of Crime: The context and circumstances of the crime play a significant role in determining whether it qualifies as culpable homicide not amounting to murder. The court will consider whether there was provocation, a sudden fight, or other factors that could explain why the accused’s intent was not murder.
Example
- A person may be provoked during a heated argument and, in a fit of rage, causes the death of the other person. In this case, the offense may be classified as culpable homicide not amounting to murder because the killing happened impulsively, without premeditation, and due to provocation. The punishment under Section 105 could include imprisonment for life or a term of up to 10 years.
Conclusion
Section 105 of the IPC provides a legal framework for cases of culpable homicide not amounting to murder. The provision emphasizes that while the act resulted in death, the circumstances did not warrant a classification as murder. Consequently, the punishment is less severe, allowing for life imprisonment or up to 10 years of imprisonment, along with the possibility of a fine. This section provides the judicial system flexibility in sentencing based on the severity of the offense and the surrounding factors.
