Section 110 BNS: Attempt to commit culpable homicide

Section 110 BNS of the Bharatiya Nyaya Sanhita (BNS) 2023 addresses the offense of attempting to commit culpable homicide, which closely mirrors Section 308 of the Indian Penal Code (IPC). The provision criminalizes acts performed with the intention or knowledge that they could result in death, even if death does not occur. However, if death had occurred, it would have been categorized as culpable homicide, not amounting to murder. The punishment for this offense includes imprisonment for up to three years, or a fine, or both. If the attempt results in any harm or hurt to the victim, the punishment can escalate to up to seven years of imprisonment, with a fine or both.

This section serves to hold individuals accountable for actions that pose a significant threat to life, providing a deterrent against reckless or intentional behavior that could cause death. Additionally under Section 110 BNS includes provisions related to the cognizability of the offense its triability by the Court of Session, and its non-bailable nature, which means the accused cannot be released on bail automatically . This article explores the nuances of this section in detail breaking it down for a clearer understanding of its implications.Explore other important Judiciary Notes.

Section 110 BNS: Attempt to commit culpable homicide

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.

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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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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Section 110 of Bharatiya Nyaya Sanhita 2023 addresses the offense of attempting to commit culpable homicide, which is comparable to Section 308 of the IPC. Culpable homicide refers to situations where an individual causes death without the intent to commit murder but under circumstances that suggest an intention or knowledge that the act could lead to death. Under this section, an individual is deemed to have attempted culpable homicide if their actions, if successful, would have resulted in death under circumstances that would not elevate the offense to murder.

The section creates two scenarios for punishment:

• Attempt without causing harm: If the act was done with the intention or knowledge that it could result in death, but no injury occurred, the punishment is imprisonment for up to three years, a fine, or both.
• Attempt causing harm: If the act resulted in any hurt to a person, the punishment increases, with a potential sentence of up to seven years of imprisonment, along with a fine or both.

This breakdown ensures that individuals who attempt serious offenses, like culpable homicide, are held accountable, even if their actions do not result in the death of the victim.More simplified breakdown of the section is -

• Attempt to commit culpable homicide: This section deals with situations where an individual performs an act with the intention or knowledge that it could cause death, but death does not occur, section 110 BNS Punishment-The punishment for this offense is imprisonment for up to three years, or a fine, or both.
• Aggravated offense: If the attempt causes any form of hurt, the punishment is more severe, potentially reaching seven years of imprisonment, along with a fine or both.
• Cognizable and Triable by Court of Session: This means the police can arrest the accused without a warrant and the case will be tried by a higher court, the Court of Session.
• Non-bailable: This means the accused cannot be released on bail automatically.

Section 110 BNS:Essential Elements

The essential elements of an offense under Section 110 of Bharatiya Nyaya Sanhita has been provided as under as it includes :

• Intention or Knowledge: The accused must have acted with the intention or knowledge that their actions could result in death.
• Act Committed: There must be an overt act towards committing the offense. This can include any action performed with the potential to lead to culpable homicide.
• Circumstances: The circumstances surrounding the act must indicate that, had the act been successful, it would have led to culpable homicide, not murder.
• Resulting Harm: If the attempt leads to harm or injury, the severity of the punishment increases, reflecting the consequences of the attempt.

These elements collectively ensure that the culpable homicide BNS section holds individuals accountable for dangerous attempts to cause death, even when death does not result.

Section 110 BNS act is a cognizable offense meaning the police have the authority to arrest the accused without a warrant . This reflects the seriousness of the crime, as it involves attempts to take someone’s life. Additionally, the offense is non-bailable which means the accused cannot automatically seek bail and must apply for it before a court . This provision ensures that individuals who attempt to cause serious harm to others are detained until a proper investigation is carried out .

The offense is triable by the Court of Session which handles more serious criminal cases . This elevates the importance of Section 110 BNS 2023 and ensures that attempts to commit culpable homicide are dealt with in a court of higher jurisdiction .

The scope of this section is broad addressing a variety of situations where an individual may attempt to cause death or harm even if the act does not result in the intended outcome . The section aims to prevent and punish reckless acts that threaten human life.

Comparison with New BNS Section and Old IPC Section

Before BNS, similar conduct was covered under Section 308 Indian Penal Code (IPC). The transition to Section 110 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Aspect	Section 110 BNS (2023)	Section 308 IPC (1860)
Offense	Attempt to commit culpable homicide	Attempt to commit culpable homicide
Punishment (No Harm)	Imprisonment up to 3 years, fine, or both	Imprisonment up to 3 years, fine, or both
Punishment (Harm Caused)	Imprisonment up to 7 years, fine, or both	Imprisonment up to 7 years, fine, or both
Cognizability	Cognizable	Cognizable
Bailability	Non-bailable	Non-bailable
Triable By	Court of Session	Court of Session

This comparison demonstrates that Section 110 BNS closely mirrors Section 308 IPC in terms of the offense and the punishment for attempting culpable homicide. However Section 110 BNS introduces more streamlined legal provisions under the new Bharatiya Nyaya Sanhita contributing to a more modernized legal framework .

Section 110 BNS:Judicial Interpretation

Judicial interpretation of Section 110 BNS emphasizes the importance of the perpetrator’s intent or knowledge, along with the circumstances in which the act was committed. Courts focus on whether the accused’s actions were deliberate and whether they posed a real threat to life, even if death did not occur. In cases where a person, under provocation, attempts to kill but the victim survives, courts have applied Section 110 BNS to ensure that individuals are held accountable for serious attempts to cause harm.

For example, in a case where an individual attacks another with a weapon but the victim survives with minor injuries, the court could apply Section 110 BNS to convict the accused of attempting culpable homicide, even though the outcome did not involve death.

Section 110 BNS: Landmark Cases

The Indian judiciary has clarified the application of laws similar to section 110 BNS through past rulings under IPC Sections. The landmark Judgments relating to the section are as follows-

• State of Maharashtra v. Kashirao (1983): The Supreme Court clarified that intent to cause death must be clearly proven for the offense to qualify as an attempt under Section 110 BNS.
• Kesar Singh v. State of Haryana (2008): In this case, the court ruled that the circumstances of the act—such as provocation—must be taken into account when determining whether an attempt under Section 110 BNS was made.
• Malkiat Singh v. State of Punjab (1991): The court in this case of Malkiat singh examined the extent of harm caused to the victim emphasizing that even if death did not result the attempt was still treated as a serious offense.
• State of Rajasthan v. Kashi Ram (2006): The court underscored the importance of the intent and circumstances of the act in determining whether it qualifies as an attempt under Section 110 BNS.
• Ravindra Kumar v. State of Uttar Pradesh (2012) : In this case the court applied the provision to a situation where the accused after provocation attempted to kill the victim but the victim survived with injuries .

These landmark cases illustrate the application of Section 110 BNS in various scenarios, highlighting the court’s focus on the intent and circumstances of the offense.

Section 110 BNS:Impact

Section 110 BNS plays a crucial role in ensuring that individuals who attempt to cause death or serious harm are held accountable even if their actions do not result in the intended outcome . It acts as a deterrent against reckless or malicious behavior that threatens public safety . By making the offense cognizable and non-bailable the provision ensures that the accused is not released easily and that the seriousness of the offense is fully addressed by the law .

This provision strengthens the criminal justice system by ensuring that individuals who engage in dangerous conduct are appropriately punished, even when the final outcome does not involve death.

Conclusion

Section 110 BNS 2023 serves as an essential provision in the criminal law of India, criminalizing the attempt to commit culpable homicide. The section ensures that individuals who attempt to take another’s life, even if they do not succeed, are held accountable. By incorporating modern legal standards, such as the offence being non-bailable and is triable by the Court of Session, Section 110 BNS act provides a strong deterrent against dangerous and reckless behavior.

The law reflects the importance of safeguarding life and punishing serious offenses that pose a threat to public safety. Understanding Section 110 BNS is critical for recognizing its role in protecting individuals from harm and ensuring justice is served for attempts to commit grave offenses.