110 BNS : Attempt to commit culpable homicide

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Introduction of Section 110 BNS

110 BNS deals with attempts to commit culpable homicide — situations where a person tries to cause death but does not succeed, and the act does not qualify as murder. This section recognizes that even failed attempts are dangerous and punishable. It prescribes different penalties depending on whether the attempt caused no harm or resulted in injury. By focusing on both intent and outcome, Section 110 ensures that society is protected from reckless and violent acts, even if they fall short of causing death.

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The Bharatiya Nyaya Sanhita (BNS) Section 110 replaces the old Indian Penal Code (IPC) Section 308.

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What is BNS Section 110 ?

BNS Section 110 deals with the legal consequences for attempting to commit culpable homicide, which is causing death in a manner that is not classified as murder. This section outlines punishments for acts committed with the intention or knowledge that they could result in death but do not fall under murder. It also addresses scenarios where such attempts result in harm to others.

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Section 110 BNS Law

“Whoever attempts to commit culpable homicide, 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.”

This law punishes attempts to commit culpable homicide, even when no death occurs. It acknowledges that the intention to kill or cause serious harm itself is a grave threat to society.

The section divides such attempts into two categories:

1. Attempt without causing harm → If a person attempts culpable homicide but no injury is caused, the punishment is lighter (up to 3 years imprisonment, or fine, or both).
   • Example: A shoots at B intending to kill, but misses completely.
2. Attempt causing harm → If the attempt causes injury, even if the victim survives, the punishment becomes much harsher (up to 7 years imprisonment, or fine, or both).
   • Example: A stabs B intending to kill, but B survives with wounds.

Key Elements

• Intent or Knowledge → The accused must have acted with the intention to cause death, or at least known the act could cause death.
• Attempt vs Actual Death → The victim survives; otherwise, the case would fall under Section 103 (murder) or Section 105 (culpable homicide).
• Two Levels of Punishment → 3 years (if no harm) vs 7 years (if injury caused).
• Legal Nature → Cognizable, Non-bailable, Non-compoundable. Tried by Court of Session.
• Protection of Society → Prevents offenders from escaping punishment simply because their attempt failed.

Examples

• Example 1 (No Harm): Rajesh fires at Amit intending to kill, but the bullet misses. Rajesh is punishable with up to 3 years imprisonment.
• Example 2 (Harm Caused): Imran stabs Suresh with intent to kill. Suresh survives with injuries. Imran can face up to 7 years imprisonment.
• Example 3 (Sudden Provocation): Sunil throws a brick at Deepak in anger. Deepak survives but is hurt. Sunil is guilty under Section 110.
• Example 4 (Not Applicable – Accident): A driver, while carefully driving, hits a pedestrian due to a sudden brake failure. This is not Section 110 (attempt) but may fall under Section 106 (negligence).
• Example 5 (Foiled Attempt): Ramesh mixes poison in his neighbor’s food intending to kill him, but the neighbor notices and does not eat it. Ramesh is guilty under Section 110 (attempt without harm).

Why This BNS Act is Important

• Punishes Dangerous Intentions → Even if no one dies, the law ensures accountability for attempts to kill.
• Protects Public Safety → Prevents society from threats posed by reckless or violent acts.
• Balanced Punishment → Differentiates between attempts with no injury (3 years) and with injury (7 years).
• Closes Loopholes → Stops offenders from escaping punishment by claiming “the victim survived, so no crime was committed.”
• Strengthens Justice → Ensures that both the intent and outcome are taken into account.

Punishment

• No harm caused → Up to 3 years imprisonment, or fine, or both.
• Harm caused → Up to 7 years imprisonment, or fine, or both.
• Nature of offense → Cognizable, Non-bailable, Non-compoundable.
• Trial → Court of Session.

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Section 110 BNS Overview

BNS Section 110 defines the crime of attempting to commit culpable homicide, which involves doing an act with the intention to cause death or with the knowledge that such an act could result in death, even if the act does not lead to actual death. If the attempt causes harm, the penalties are more severe.

Section 110 BNS : 10 Key Points

1. Legal Definition
   • Section 110 defines an attempt to commit culpable homicide, where a person tries to cause death but does not succeed in doing so or does not qualify as murder.
2. Intent and Knowledge
   • The section covers cases where the person had the intention or knew that their actions could lead to death, even if the death did not occur.
3. Punishments Based on Outcome
   • If no harm occurs, the punishment is up to three years in prison, a fine, or both. If harm is caused, the punishment is more severe, with imprisonment for up to seven years, a fine, or both.
4. Investigation and Arrest
   • The offense is cognizable, so the police can act immediately to arrest and investigate the accused.
5. Trial Process
   • Cases under this section are tried in the Court of Session, which handles serious criminal offenses and ensures proper legal proceedings.
6. Examples
   • If a person fires a gun at someone intending to cause death but the victim survives, the action is covered under this section. If the gunfire injures the person, the punishment will be more severe.
7. Non-Bailable Status
   • Because the offense is non-bailable, the accused cannot easily be released on bail, reflecting the crime’s seriousness.
8. Focus on Intent
   • The law focuses on the intent to commit a serious crime, even if the actual outcome does not meet the criteria for murder.
9. Severity of Harm
   • The punishment varies based on whether the attempt results in actual harm, reflecting the greater impact on victims

10. Court of Session
    • Trials under this section are conducted in the Court of Session, which deals with more serious offenses, ensuring that the legal process is thorough and just.

Examples of BNS Section 110

1. Example 1:
   • A person, in a fit of rage, fires a gun at someone with the intention of causing death. If the victim survives without injury, the person can be punished under this section for attempting to commit culpable homicide. If the gunfire injures the person, the punishment will be more severe due to the resulting harm.
2. Example 2:
   • An individual, on receiving sudden provocation, attacks another person with a knife, aiming to kill. If the victim survives the attack, the act is considered an attempt to commit culpable homicide under this section. If the attack results in injury, the individual faces a harsher punishment due to the harm caused.

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BNS 110 Punishment

Imprisonment

• If the attempt to commit culpable homicide does not cause harm, the punishment is imprisonment for up to three years. If harm is caused, the imprisonment term can extend up to seven years.

Fine

• In addition to imprisonment, the convicted individual may also be liable to pay a fine. The amount of the fine is determined by the court based on the specifics of the case.

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BNS 110 bailable or not ?

BNS Section 110 is non-bailable. This means that individuals charged under this section cannot easily obtain bail and must stay in custody until the case is resolved. This status is due to the serious nature of the offense, reflecting the need to ensure that those accused of such acts are held accountable.

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Comparison: BNS Section 110 vs IPC Section 308 .

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BNS Section 110 FAQs

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Conclusion

110 BNS is a crucial safeguard in criminal law. It ensures that even an unsuccessful attempt to take a life is treated as a serious offense. By distinguishing between attempts with and without injury, the law provides proportionate punishment while emphasizing the importance of intent and knowledge. Replacing IPC Section 308, this provision modernizes the law with simpler language while retaining its essence — protecting society from reckless and dangerous acts aimed at causing death.

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Finished with BNS 110 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

• Section 111 BNS : Organised crime
• https://marriagesolution.in/bns_section/section-111-bns/
• 112 BNS : Petty organised crime or organised in general .
• https://marriagesolution.in/bns_section/112-bns/
• BNS 113 : Terrorist act.
• https://marriagesolution.in/bns_section/bns-113/
• Section 114 BNS : Hurt .
• https://marriagesolution.in/bns_section/section-114-bns/
• BNS 115 : Voluntarily causing hurt .
• https://marriagesolution.in/bns_section/bns-115/
• BNS 116 : Grievous hurt
• https://marriagesolution.in/bns_section/bns-116/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

Full BNSS Section List: https://marriagesolution.in/bnss_section-list

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