Provision

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 donewith 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.


Simply Put

Under this section there are two kinds of punishment applying to two separate degrees of culpable homicide depending upon: (i) intention to cause death or bodily injury likely to cause death under Part-1 (i.e., para-1) and (ii) knowledge that the act is likely to cause death under Part-II (para-2). For conviction of the offence of culpable homicide not amounting to murder under Section 204, Part-I, the following two circumstances must be proved, viz., the act by which the death is caused is done: (a) with the intention of causing death; and (b) of causing such bodily injury as is likely to cause death. Under Part- 1 of Section 304, the punishment is imprisonment for life, or imprisonment of either description for a term which may extend to 10 years and fine.
If the act is done with knowledge that is likely to cause death but without any intention to cause death or such bodily injury as is likely to cause death, the punishment is imprisonment of either description for a term which may extend to 10 years, or with fine, or with both under Part-II of Sec. 304 of the Code.



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