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.
Illustrations
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.
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.
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.