Attempt to commit culpable homicide
What this section does
Punishes attempt to commit culpable homicide not amounting to murder. Like s.109, it distinguishes between attempts that cause hurt and those that do not, with higher punishment where hurt results.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Basic (no hurt): imprisonment of either description up to 3 years, or fine, or both. Aggravated (hurt caused): imprisonment of either description up to 7 years, or fine, or both.
- Triable by
- Magistrate of First Class
- Cognizable
- Yes
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused did an act
- The act was done with such intention or knowledge and under such circumstances that, if death had resulted, the accused would have been guilty of culpable homicide not amounting to murder
- Death did not in fact result
- For the aggravated tier: hurt was caused to any person by the act
Practitioner note
The illustration involves a case of grave and sudden provocation, confirming that the section applies where the underlying offence (had death resulted) would have fallen under one of the exceptions to murder in s.101. The bailable/triable_by classification may vary depending on the specific punishment attracted on the facts.
- IPC Section 308 — Attempt to commit culpable homicide
Read the official text
For the binding statutory text of BNS Section 110, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 110 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.