How Section 104 BNS is Different From Section 304 IPC: What Changed in 2023–2025

The recent introduction of the Bharatiya Nyaya Sanhita (BNS) has marked a historic evolution in Indian criminal law by proposing comprehensive reforms to longstanding provisions found in the Indian Penal Code (IPC). One of the most noteworthy changes has been the distinction between Section 104 BNS and Section 304 IPC, two legal provisions that deal with criminal acts resulting in culpable homicide or causing death under specific circumstances. Understanding the differences between these two sections is crucial for anyone involved in criminal justice, legal compliance, or defense strategy, especially following the wave of legal changes set in motion between 2023 and 2025.

Section 304 IPC has historically addressed the crime of culpable homicide not amounting to murder. This provision has long covered cases where a person causes death without the intent to kill or where mitigating factors reduce the severity of the offence from murder to culpable homicide. Under the IPC, Section 304 distinguishes punishments based on the degree of intent and knowledge, with Part I applying when there is an intention to cause death or bodily injury and Part II where death is caused by an act done with the knowledge that it is likely to cause death, but without direct intent. The section has been central to criminal jurisprudence, bail procedures, and sentencing in a wide range of homicide cases.

The introduction of Section 104 BNS marks a significant transformation in the way Indian criminal law addresses culpable homicide and related acts. As part of the 2023–2025 legal reforms, Parliament overhauled numerous IPC provisions under the BNS to bring greater uniformity, simplified terminology, and sharper differentiation between connected offences. Section 104 BNS introduces a more refined framework for evaluating such crimes—clarifying the role of mens rea (criminal intent) and offering clearer legal criteria to assess the gravity of the offence. It emphasizes proportionality in punishment based on the degree of intent, surrounding circumstances, and the outcomes of the act. The updated section also includes precise definitions, procedural refinements, and revised sentencing structures—signaling a shift toward a more modern, equitable approach to criminal justice.

One pivotal difference is that Section 104 BNS brings greater specificity to the elements that separate culpable homicide from murder, refining the assessment of intent, nature of injuries, and circumstances of each case. This updated legislative language reduces ambiguity, aids both prosecution and defense in framing arguments, and aligns Indian criminal law with evolving judicial standards. The graduated system for penalties under the BNS is also designed to provide greater proportionality and judicial discretion, ensuring that punishment matches both the act and the intent behind it.

Another significant development is the procedural impact on the rights of the accused and victims, particularly concerning bail, compoundability, and sentencing. The BNS's new framework under Section 104 will affect how courts interpret bail applications, whether certain offences are bailable or non-bailable, and the scope of judicial review available in appeals or revisions.

For legal practitioners and those facing charges under these sections, understanding the changes between Section 104 BNS and Section 304 IPC is imperative. The reforms introduced in 2023–2025 underscore the Indian legal system's commitment to clarity, fairness, and modernization in criminal adjudication.

If you or a loved one needs advice or representation due to changes under Section 104 BNS or still faces ongoing issues under Section 304 IPC, expert guidance can make all the difference. Visit www.vakeelsaab.com or call +91 72848 72848 to connect with the Vakeel Saab legal team. Their lawyers can analyze your situation, explain the implications of recent legal changes, and empower you to assert your rights effectively under the new code.

Frequently Asked Questions

Q1: What is the main difference between Section 104 BNS and Section 304 IPC?
Section 104 BNS provides updated language, definitions, and gradation in penal provisions for culpable homicide, distinguishing itself from Section 304 IPC by introducing modern legal standards and increased clarity regarding intent, circumstances, and penalties.

Q2: Does Section 104 BNS change how bail is addressed as compared to Section 304 IPC?
Yes, the procedural rules and bailability may differ under Section 104 BNS due to changes in how offences are graded and defined. This can influence court discretion and the likelihood of bail being granted in culpable homicide cases.

Q3: Are punishments stricter under Section 104 BNS than Section 304 IPC?
Punishments are redefined under the BNS to increase proportionality. While some cases may attract similar penalties, the new framework allows more nuanced judicial interpretation of aggravating or mitigating factors.

Q4: How do these changes impact ongoing cases filed under Section 304 IPC?
Ongoing cases may be affected depending on when the alleged offence was committed and the court's application of retrospective or prospective legal changes. Legal counsel should be consulted for case-specific guidance.

Q5: Is Section 104 BNS applicable across all Indian states as of 2025?
Once enacted, the BNS will be a central code, but its implementation may depend on notification and adoption timelines across states.

Q6: What procedural safeguards are updated in Section 104 BNS?
Section 104 BNS clarifies aspects of intent, self-defense, causation, and includes updated language for judicial procedure, increasing transparency and legal certainty.

Q7: Can a case started under Section 304 IPC be transferred under Section 104 BNS after the reforms?
Procedure for such transfers depends on the transitional provisions of the new code and judicial directions. Legal advice is crucial for defendants and advocates in these scenarios.

Q8: Does Section 104 BNS address the rights of victims differently?
The new code aims to balance rights of victims and the accused more transparently by ensuring clear statutory guidance for compensation and participation in proceedings.

Q9: Are there changes to compoundability or mediation under Section 104 BNS?
Such procedural issues are clarified under the new code, which may specifically list the offences that are compoundable or suitable for mediation.

Q10: Where can I get experienced legal help to navigate Section 104 BNS or Section 304 IPC issues?
Contact Vakeel Saab at www.vakeelsaab.com or call +91 72848 72848 for expert criminal law counsel and representation under the latest legal framework.

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