Section 110 punishes doing any act with the intention or knowledge that would make the person guilty of culpable homicide not amounting to murder if death resulted, even though death did not actually occur. A higher punishment applies where hurt is actually caused by the act.
Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 110 to old IPC Section 308, and cross-checked directly against the bare text of both Acts.
| BNS section | IPC, 1860 equivalent | Category |
|---|---|---|
| 110 | 308 | Exact |
Comparing the two texts word for word, Section 110 is reproduced without any substantive change from old IPC Section 308.
Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Illustration.
A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death, he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section.
Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.
This is the attempt counterpart to Section 105 (Punishment for culpable homicide not amounting to murder). It applies where a person does an act with the intention or knowledge that would make them guilty of culpable homicide not amounting to murder, had death actually resulted — for instance, an act done on grave and sudden provocation, or without the specific intention required for murder. The offence is complete regardless of whether death results; a higher punishment applies if the act actually causes hurt.
These judgment(s) relate to Section 110 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.
Conviction under s.308 IPC (BNS 110) set aside: attempt requires intention/knowledge of s.299 IPC.
Section 109 applies where the act, had it caused death, would have made the offender guilty of murder. Section 110 applies where the act, had it caused death, would have made the offender guilty only of culpable homicide not amounting to murder — for example, where grave and sudden provocation is present.
Yes. If no hurt is caused, the maximum punishment is imprisonment for three years, or fine, or both. If hurt is caused, the maximum rises to imprisonment for seven years, or fine, or both.
No. Per the BNSS First Schedule, both tiers are non-bailable, cognizable, and triable by the Court of Session.