Section 110 BNS: Attempt to commit culpable homicide
Bharatiya Nyaya Sanhita, 2023
Section 110 BNS at a Glance
Section 110 BNS deals with attempt to commit culpable homicide. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 308 IPC on 1 July 2024.
Imprisonment 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.
Section 110 BNS Bare Act Text
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.
IllustrationA, 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: Section 110, Bharatiya Nyaya Sanhita, 2023
Section 110 BNS in Simple Words
Section 110 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with an attempt to commit culpable homicide. It applies when a person does an act with the intention or knowledge that, if death were caused, the act would amount to culpable homicide not amounting to murder, but death does not actually occur. The law looks closely at the nature of the act, the weapon used, the manner of attack, and the surrounding circumstances. This section is used where the accused has gone beyond preparation and made a real attempt that could have caused death.
It often comes up in assault cases involving knives, sticks, firearms, or severe blows aimed at vital parts of the body. In practice, the section is serious because it sits close to the line between grievous assault and a homicide offence. If proved, it can lead to imprisonment up to 3 years, or up to 7 years if hurt is caused, or fine, or both.
Ingredients of Section 110 BNS
- 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
- Whether hurt is caused to any person by such act
Punishment Under Section 110 BNS
Imprisonment 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.
The offender may be punished with fine alone or with both imprisonment and fine in both tiers.
Attempt to commit culpable homicide carries imprisonment of either description for up to three years, or fine, or both. Where hurt is caused to any person, the term extends to seven years, or fine, or both. It is cognizable and non-bailable, triable by the Court of Session.
Example of Section 110 BNS
When Section 110 BNS Does Not Apply
- The act was not done with such intention or knowledge, and under such circumstances that, if death had ensued, the accused would be guilty of culpable homicide not amounting to murder
- The accused did not proceed beyond mere preparation to an act towards causing death
- Death ensued from the act, which constitutes culpable homicide or murder rather than an attempt
Section 110 BNS in the IPC (Previous Law)
Section 110 BNS replaces Section 308 IPC from the old criminal code.
Section 308 IPC is now Section 110 BNS, with the same title, the same words and the same punishment.
View IPC Section 308 →FAQs on Section 110 BNS
What is the difference between Section 110 BNS and murder-related offences?▼
Section 110 BNS deals with an attempt where death does not occur, but the act was done with the required intention or knowledge. If death occurs and the facts meet the legal test, a more serious homicide provision may apply. Courts look at the weapon, injury, and the accused’s conduct.
Can a simple fight lead to a case under Section 110 BNS?▼
Yes, if the facts show a real attempt to cause death or such bodily injury as is likely to cause death. A minor scuffle usually will not be enough. The prosecution must prove the mental element and the seriousness of the act.
Is the offence under Section 110 BNS bailable?▼
No, it is generally treated as non-bailable. The accused may still apply for bail, but the court will examine the facts closely. The nature of injuries and the weapon used matter a lot.
What evidence is usually used to prove an offence under Section 110 BNS?▼
Medical evidence, witness statements, weapon recovery, and the place of injury are all important. Courts also look at whether the attack was sudden, repeated, or aimed at a vital part of the body. The surrounding facts often decide the case.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·