Bharatiya Nyaya Sanhita, 2023

BNS Section 110

Attempt to commit culpable homicide

In one line

BNS Section 110 deals with attempt to commit culpable homicide and replaces IPC 308.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
110Attempt to commit culpable homicide.Imprisonment for 3 years, or fine or both.Cognizable.Non-bailable.Court of Session.
110If such act causes hurt to any person.Imprisonment for 7 years, or fine, or both.Cognizable.Non-bailable.Court of Session.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 110

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. 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.

Frequently asked

What was BNS Section 110 in the IPC?

BNS Section 110 (Attempt to commit culpable homicide) replaces Section 308 of the Indian Penal Code, 1860. IPC 308 is now BNS 110.

What is the punishment under BNS 110?

Attempt to commit culpable homicide – punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.

Is BNS 110 bailable?

Non-bailable: BNS 110, 110. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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