BNS Section 110: Attempt to Commit Culpable Homicide
Section 110 of the Bharatiya Nyaya Sanhita, 2023 deals with an attempt to commit culpable homicide not amounting to murder. It applies where a person does an act with such intention or knowledge, and in such circumstances, that if death had resulted from that act the person would have been guilty of culpable homicide not amounting to murder.
Current legal status: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Section 110 came into force on July 1, 2024.
Text of Section 110 of the Bharatiya Nyaya Sanhita, 2023
110. Attempt to commit culpable homicide.
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.
The official text can be verified through India Code - Bharatiya Nyaya Sanhita, 2023. The Ministry of Home Affairs also provides the official New Criminal Laws page and the BNS commencement notification.
Meaning of attempt to commit culpable homicide
Section 110 is concerned with an act which, if it caused death, would amount to culpable homicide not amounting to murder rather than murder. The section therefore looks at the act done, the intention or knowledge accompanying it, and the circumstances in which it was done.
Death need not actually occur. The offence is complete when the accused goes beyond mere preparation and does an act satisfying the statutory test in Section 110.
Essential ingredients of Section 110 BNS
- There must be an act done by the accused.
- The act must be accompanied by the relevant intention or knowledge.
- The surrounding circumstances must be such that, if death resulted, the act would amount to culpable homicide not amounting to murder.
- Actual death is not required.
- If hurt is caused by the act, the higher punishment provided in Section 110 applies.
Illustration under Section 110
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.
The illustration demonstrates why the section is distinct from attempt to murder: the circumstances are such that the completed offence, had death occurred, would be culpable homicide not amounting to murder.
Punishment under Section 110 BNS
| If no hurt is caused | Imprisonment of either description for a term which may extend to three years, or fine, or both. |
|---|---|
| If hurt is caused | Imprisonment of either description for a term which may extend to seven years, or fine, or both. |
Is Section 110 BNS bailable?
| Cognizable | Yes. |
|---|---|
| Bailable | No. The offence is non-bailable. |
| Triable by | Court of Session. |
The procedural classification appears in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The official BNSS text is available from India Code - Bharatiya Nagarik Suraksha Sanhita, 2023.
Difference between Section 109 and Section 110 BNS
Section 109 BNS deals with attempt to murder. Section 110 deals with attempt to commit culpable homicide not amounting to murder. The distinction depends on what the completed offence would have been if the act had caused death, having regard to the required intention or knowledge and the surrounding circumstances.
Section 109 carries substantially heavier punishment because it concerns conduct which would amount to murder if death occurred. Section 110 applies where the hypothetical completed offence would instead be culpable homicide not amounting to murder.
Corresponding provision under the Indian Penal Code
Section 110 BNS broadly corresponds to Section 308 of the Indian Penal Code, 1860, which dealt with attempt to commit culpable homicide. For any particular case, the applicable substantive law depends on the date of the alleged offence and the relevant repeal and savings provisions.
Frequently asked questions
What does BNS Section 110 deal with?
It deals with an attempt to commit culpable homicide not amounting to murder.
What is the punishment if no hurt is caused?
The punishment may extend to three years of imprisonment, or fine, or both.
What is the punishment if hurt is caused?
If hurt is caused, imprisonment may extend to seven years, or fine, or both.
Is Section 110 BNS non-bailable?
Yes. Under the BNSS First Schedule, the offence is cognizable, non-bailable and triable by the Court of Session.
This page is intended as a general legal reference. Application of Section 110 depends on the facts, evidence, date of the alleged offence and binding judicial decisions.