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BNS · Section 110 · Chapter VI — OF OFFENCES AFFECTING THE HUMAN BODY

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)

  1. The accused did an act
  2. 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
  3. Death did not in fact result
  4. 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.

Old-law correspondence

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.