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 Section 304: Simplified Explanation
IPC Section 304 of the Indian Penal Code addresses the offence of culpable homicide not amounting to murder. This section is invoked when an act of killing does not fulfil all the criteria necessary for a charge of murder under IPC Section 300 but still involves a significant degree of criminal liability due to the recklessness or dangerous nature of the act.
Section 304 is divided into two parts:
- Part I deals with culpable homicide not amounting to murder, where the act is done to cause death or to cause such bodily injury as is likely to cause death.
- Part II Applies when the act is done with the knowledge that it is likely to cause death but without any intention to cause death or such bodily injury as is likely to cause death.
Is IPC Section 304 Bailable?
- IPC Section 304 Part I: This is generally a non-bailable offence. The accused must appear before a court to seek bail.
- IPC Section 304 Part II: This part is considered bailable. The accused can obtain bail from the police station or through a court appearance.
IPC Section 304 Punishment
- Part I: The Punishment under this part involves imprisonment for a term that may extend to ten years and include a fine. The severity of the sentence depends on the circumstances and the degree of recklessness or intention behind the act.
- Part II: For offences under Part II, the Punishment is imprisonment for a term which may extend to ten years, with a fine, or with both. This reflects the lesser degree of guilt compared to Part I, as the act was done with knowledge but without specific intent to kill.
Example of IPC Section 304
A real-life example of the application of IPC Section 304 occurred in the case of the Bollywood actor Salman Khan. He was charged under Part II of IPC Section 304 about a 2002 hit-and-run case where his car ran over a group of people sleeping on a pavement in Mumbai, resulting in one death and several injuries. The court found that while there was no intent to kill, Khan had acted with knowledge that his actions were likely to cause death, reflecting the criteria for culpable homicide not amounting to murder under Part II of Section 304. He was initially convicted but later appealed the sentence.
