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Bharatiya Nyaya Sanhita, 2023 Chapter VI · Of Offences Affecting the Human Body — Of Offences Affecting Life
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Bharatiya Nyaya Sanhita, 2023 — Section 110

Attempt to Commit Culpable Homicide

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.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

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 sectionIPC, 1860 equivalentCategory
110308Exact

Comparing the two texts word for word, Section 110 is reproduced without any substantive change from old IPC Section 308.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: ordinarily, imprisonment for three years, or fine, or both; where hurt is caused to any person by the act, imprisonment for seven years, or fine, or both. Both tiers are cognizable, non-bailable, and triable by the Court of Session.

Statutory Text (Verbatim)

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.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Attempting culpable homicide not amounting to murder

Explanation (Lexovia's Commentary)

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.

Illustration (Lexovia's Own Example)
A, provoked suddenly and gravely by B, strikes at B with a knife under circumstances that, had death resulted, A would be guilty only of culpable homicide not amounting to murder. B is not injured. A has committed the offence under Section 110, punishable with imprisonment up to three years, or fine, or both.
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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

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.

Abdul Ansar v. State of Kerala (Crl. A. No. 1751 of 2023 @ SLP (Crl.) 2161 of 2023) (Supreme Court of India, decided 05 July 2023)

Quoted Paragraph (Verbatim)
“in the absence of intention and knowledge as contemplated by Section 299 of IPC, the offence of attempt to commit culpable homicide not amounting to murder was not made out.” (para 11, 12)
What This Judgment Means (Lexovia's Commentary)

Conviction under s.308 IPC (BNS 110) set aside: attempt requires intention/knowledge of s.299 IPC.

Source: copy of the judgment obtained from the Supreme Court of India's official website.

Related / Cross-Referenced Sections

FAQs

How is this different from Section 109 (Attempt to murder)?

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.

Does the punishment change if the victim is actually hurt?

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.

Is this offence bailable?

No. Per the BNSS First Schedule, both tiers are non-bailable, cognizable, and triable by the Court of Session.

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