Section 110: Attempt to Commit Culpable Homicide

Bharatiya Nyaya Sanhita • Chapter VI: Of Offences Affecting the Human Body • Official Statutory Text & Legal Guide

Chapter VI: Of Offences Affecting the Human Body
Court of Session
Non-Bailable
Cognizable
Formerly Sec 308 IPC

Legal Commentary & Landmark Judgments: Section 110

Section 110 penalizes an attempt to commit culpable homicide, establishing that 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 up to three years, or up to seven years if hurt is caused.

  • Act Towards Homicide: Committing an act which, if completed, would result in culpable homicide not amounting to murder.
  • Intent or Knowledge Threshold: Must possess the intention or knowledge requisite for culpable homicide under Section 100/102 BNS.
  • Two Sentencing Tiers: Imprisonment up to 3 years or fine; if hurt is caused to any person by such act, imprisonment may extend to seven years, or fine, or both.
Key Landmark Precedents:
  • Sunil Kumar v. State (NCT of Delhi) (1998) 8 SCC 557: The Supreme Court analyzed Section 308 IPC (Section 110 BNS), holding that to sustain a conviction for attempt to commit culpable homicide, the intention or knowledge of the accused must be gathered from all circumstances, including weapon type and injury severity.
  • Bishnu Prasad Sinha v. State of Assam (2007) 11 SCC 467: Affirmed that where an assault occurs in a sudden fight without premeditation and non-fatal injuries are caused, the offence falls under Section 308 (Section 110 BNS) rather than attempt to murder.
Courtroom Practice & Strategic Litigation Guidance:

In brawls where police arbitrarily register attempt to murder (Section 109 BNS) based on head injuries, move for alteration of charge to Section 110 BNS: show that the fight was sudden, weapons were non-lethal, and the assault was at most an attempt to commit culpable homicide.