Understanding Section 105 of Bharatiya Nyaya Sanhita (BNS) 2023
Introduction The Bharatiya Nyaya Sanhita (BNS), 2023, is a major legal reform in India. It replaces the old Indian Penal Code (IPC), which was in place since British rule. One of the important sections in BNS is Section 105. This section deals with cases of "culpable homicide not amounting to murder."
Understanding Section 105 is important because it affects how the legal system treats cases where someone has caused another person's death, but the act does not legally qualify as murder. Knowing the difference can help you better understand the law and how it protects citizens.
What is Culpable Homicide? In simple terms, culpable homicide means causing the death of a person by doing something that is likely to cause death. It is not always murder. Sometimes, a person may cause death by accident or without planning it, and this is where the law separates it from murder.
Difference between Culpable Homicide and Murder
Murder involves intention and planning.
Culpable homicide may not involve intention to kill.
Murder is considered a more serious crime.
Punishment for murder is usually more severe.
When Does Culpable Homicide Not Amount to Murder?
Culpable homicide does not amount to murder when:
The person did not intend to kill.
The act was done under sudden provocation.
There was no pre-planned attack.
The accused did not know the act would definitely cause death.
What Does BNS Section 105 Say?
Section 105 of the BNS clearly outlines when culpable homicide is not considered murder. It says:
If someone causes the death of another person without the intention to cause death or such bodily injury likely to cause death, then it is not murder. It will be treated as culpable homicide not amounting to murder.
Who Can Be Punished Under This Section?
Anyone who causes death under the above conditions can be punished under Section 105. This includes situations where the person had knowledge that their act might cause death but still did it without intention or planning.
Situations Where This Section Applies
A person hits another in a sudden fight, and the other dies.
A person causes death by reckless driving without planning it.
A person defends themselves and accidentally kills the attacker.
Key Elements to Understand in Section 105
Intention vs Knowledge: If someone knows their act might cause death but did not intend it, it can fall under Section 105.
Lack of Premeditation: If the act was not planned, it supports the case for culpable homicide, not murder.
Severity of Injury: The nature and seriousness of the injury help the court decide whether it was murder or not.
Punishment Under Section 105 of BNS Section 105 allows for punishment that is less than what is given for murder.
The jail term can extend up to 10 years, or for life in some cases.
A fine may also be added.
The court has the power to reduce or increase the punishment based on the case details.
Differences in Punishment Based on Circumstances
If the act was close to murder, the punishment is more.
If it was a case of sudden provocation, punishment may be less.
If the act was defensive or accidental, courts may show leniency.
Real-Life Examples to Understand Section 105
Example 1: Sudden Fight Two neighbors get into a sudden argument. One of them picks up a stick and hits the other. The other person dies due to internal injury. Since it was not planned, and there was no intention to kill, this can come under Section 105.
Example 2: Road Accident A driver is speeding and hits a pedestrian. The pedestrian dies. The driver did not intend to kill but knew the risk. This case might also come under Section 105, depending on the facts.
How is Section 105 Different from Murder Charges?
The main difference lies in the mindset of the accused.
Murder requires an intention to kill.
Section 105 cases involve lack of intent or planning.
Courts look at the reason behind the act, not just the result.
Why Motive and Intention Matter If the court finds that the person had a motive and acted with intention, it will be treated as murder. If there is no motive or intention, it could be treated under Section 105.
How Courts Decide Between Murder and Culpable Homicide
They look at how the act happened.
They study the relationship between the accused and the victim.
They consider any past conflicts.
They check if the act was sudden or planned.
What Should You Do If Charged Under Section 105?
Hire a Good Lawyer: Legal advice is very important.
Tell the Truth: Be honest about what happened.
Collect Evidence: Photos, videos, and witness statements can help.
Follow Legal Process: Attend court hearings and cooperate with the police.
Importance of Legal Representation A trained lawyer can help present your case clearly. They know how to argue for a lighter sentence if the act was not intentional.
Why Understanding Section 105 Matters for Everyone
Accidents can happen to anyone. Knowing the law helps you act smartly.
It helps citizens understand how the law works.
Law students and professionals must understand this section for better practice.
Frequently Asked Questions About Section 105
1. Can someone get bail under Section 105?
Ans Yes, bail is possible depending on the facts of the case.
2. Is it a bailable or non-bailable offense?
Ans It is usually a non-bailable offense, but the court can grant bail.
3. Is this section compoundable or not?
Ans No, this section is not compoundable. That means the case cannot be settled between the parties.
4. How long can the trial take?
Ans It depends on the case, court load, and evidence. Some trials end in months; others may take years.
Conclusion Section 105 of the BNS, 2023, is crucial for handling cases where death occurs but not due to murder. It ensures justice is served without being too harsh on those who didn’t intend harm. Understanding this section helps every citizen know their rights, duties, and legal safeguards.
Comments
Post a Comment