IPC 308→BNS 110

IPC 308 to BNS 110: Attempt to commit culpable homicide

Section 308 IPC (1860) replaced by Section 110 BNS (2023)

View IPC Section 308 →View BNS Section 110 →

IPC 308 to BNS 110 at a Glance

Section 308 IPC (Attempt to commit culpable homicide) is now Section 110 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 308 to BNS 110?

Section 308 IPC is now Section 110 BNS, with the same title, the same words and the same punishment.

IPC 308 vs BNS 110: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section308110
OffenceAttempt to commit culpable homicideSame
PunishmentImprisonment of either description for up to three years; if hurt is caused to any person by such act, imprisonment of either description for up to seven years.Same
FineThe offender may be punished with fine alone or with both imprisonment and fine in both tiers.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 308 and BNS 110: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 308, IPC 1860

308. 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. 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.
BNS 2023 (in force)

Section 110, BNS 2023

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.

Ingredients: IPC 308 vs BNS 110

Under IPC 308
  1. The accused did an act towards another person
  2. The act was done with such intention or knowledge, and under such circumstances that, if death had been caused, the accused would be guilty of culpable homicide not amounting to murder
  3. Death did not ensue from the act
  4. Where hurt is caused to any person by such act, the higher punishment of up to seven years applies
Under BNS 110
  1. An act done with such intention or knowledge and under such circumstances that, if death were caused, the offender would be guilty of culpable homicide not amounting to murder
  2. Whether hurt is caused to any person by such act

What IPC 308 to BNS 110 Means for Pending Cases

For Section 308 IPC (now Section 110 BNS): the offence and the punishment are unchanged, so a charge for an act done after the BNS came into force cites Section 110 BNS and is framed on the same elements as before.

FAQs: IPC 308 to BNS 110

What changed when Section 308 IPC became Section 110 BNS?▼

Only the section number. Section 110 BNS repeats the title and the words of Section 308 IPC, and the punishment is the same.

Where does Section 308 IPC sit in the BNS?▼

In Section 110 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of offences affecting life.

Does Section 308 IPC or Section 110 BNS apply to an act done before 1 July 2024?▼

Section 308 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 308 IPC. Section 110 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·