BNS Section 110 — Attempt to commit culpable homicide

CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY — Of offences affecting life

Criminal

Punishment

Imprisonment up to 3 years, or fine, or both

As the section puts it: “shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both”

Summary

Whoever performs any act with the intention or knowledge that, if that act caused death, the person would be guilty of culpable homicide not amounting to murder, is punishable with imprisonment of either kind for up to three years, or with a fine, or with both. If the act actually causes hurt to any person, the punishment increases to imprisonment of either kind for up to seven years, or with a fine, or with both.

The illustration explains that if A, on grave and sudden provocation, fires a pistol at Z under circumstances where causing death would amount to culpable homicide not amounting to murder, then A has committed the offence defined in this section.

Official Text

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.

Related Judgments

  • ANTICIPATORY BAIL APPLICATION NO. 3056 OF 2024; Sachin Rajkumar Gawade vs The State of Maharashtra, …, Mr. Kuldeep S. Patil a/w. Ms. Saili Dhuru — Bombay High Court (Mumbai Principal Seat) (2024)
  • AQUEEL AHMAD vs STATE NCT OF DELHI — Delhi High Court (2026)
  • HARSHDEEP @ NONU & ORS. vs THE STATE GOVT. OF NCT OF DELHI AND ANR — Delhi High Court (2026)
  • BAIL APPLICATION; NO. 5341 OF 2024; Sabyasachi Devpriya Nishank vs The State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2025)
  • KOMAL vs THE STATE (NCT OF DELHI) — Delhi High Court (2026)
  • SHEHZAD ALIAS MOHD SHAZAD vs STATE(NCT OF DELHI) — Delhi High Court (2025)

Old <-> New Code Mapping

  • IPC §308 — Attempt to commit culpable homicide