Section 110 – Attempt to commit culpable homicide Whoever does any act with such intention or knowledge and under such circumstances that, if he by t

Attempt to Culpable Homicide (BNS Section 110)

When we talk about criminal law, most people understand serious offences like murder. But what happens when a person tries to cause death, but the victim survives? That’s where the concept of “Attempt to Culpable Homicide” comes into play.

Under the Bharatiya Nyaya Sanhita (BNS), Section 110, the law punishes not just completed crimes, but also serious attempts where intention and danger are clearly present.

In this article, everything is explained in a simple and practical way so that even a beginner can understand it easily.

Section 110 BNS – Bare Act Provision

Section 110 – 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.

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.

What is Section 110 BNS?

Section 110 of BNS deals with attempt to commit culpable homicide not amounting to murder.

Legal Provision (Simplified)

If a person:

• Does any act
• With intention or knowledge
• Under such circumstances that
• If death had occurred, it would be culpable homicide (not murder)

Then that person is guilty of attempt to culpable homicide.

Understanding the Concept in Simple Words

This section applies when:

• A person tries to kill someone
• But the victim does not die
• Still, the act is dangerous enough that death could have happened

In short:
“You tried to kill, but failed — still punishable.”

Punishment under Section 110 BNS (Attempt to Culpable Homicide)

Situation	Nature of Act	Result	Punishment	Legal Impact	Example
No hurt is caused	Act done with intention or knowledge to cause death, but no physical injury occurs	Victim survives without injury	Imprisonment up to 3 years, or fine, or both	Recognizes dangerous intent even without actual harm	Firing a gun but missing the target
Hurt is caused	Act results in bodily injury but not death	Victim suffers injury but survives	Imprisonment up to 7 years, or fine, or both	Higher punishment due to actual harm caused	Stabbing causing serious injury but not death
Grave and dangerous act	Use of deadly weapons or targeting vital body parts	High risk of death, even if avoided	Punishment decided within limits based on severity	Court considers seriousness of act while awarding sentence	Blow on head with iron rod
Presence of intention	Clear intention to cause death or such bodily injury likely to cause death	No death occurs	Punishment varies (up to 3 or 7 years)	Intention is key factor in determining guilt	Aiming and attacking a vital body part
Presence of knowledge	Accused knows act is likely to cause death but proceeds anyway	Victim survives	Punishment similar to intention cases	Knowledge alone is sufficient for liability	Throwing heavy object from height at a person

Difference Between Attempt to Murder and Attempt to Culpable Homicide (Section 110 BNS)

Basis	Attempt to Murder	Attempt to Culpable Homicide (Section 110 BNS)
Intention	Clear and direct intention to cause death	Less severe intention; may exist but often under mitigating circumstances
Knowledge	High degree of certainty that act will cause death	Knowledge that act is likely to cause death, but not as certain
Nature of Act	Highly dangerous and life-threatening act	Dangerous act, but comparatively less grave
Circumstances	Usually pre-planned or without justification	Often occurs in sudden fight, provocation, or emotional situation
Severity	More serious offence	Less serious compared to attempt to murder
Punishment	Severe punishment (can extend to life imprisonment depending on law)	Up to 3 years, or 7 years if hurt is caused, or fine, or both
Example	Planned shooting with clear intent to kill	Attack during sudden quarrel without intention to kill

Key Ingredients of the Offence

To prove this offence, the court looks for certain essential elements:

Ingredient	Description	Legal Importance	Example
Commission of an Act	There must be an actual act done by the accused. Mere intention or preparation is not sufficient.	Distinguishes attempt from mere preparation. Law punishes only when action has begun.	Firing a gun, stabbing with a knife, administering poison
Intention or Knowledge	The accused must have intention to cause death or knowledge that the act is likely to cause death.	Core requirement of criminal liability. Without intention/knowledge, offence is not made out.	Aiming a weapon at a vital body part knowing it can cause death
Likelihood of Death	The act must be of such a nature that it could have resulted in death if circumstances were slightly different.	Helps courts determine seriousness of the act and classify offence correctly.	Severe blow on head with iron rod
Circumstances of the Case	The surrounding facts must show that if death had occurred, it would amount to culpable homicide not amounting to murder.	Ensures distinction from attempt to murder; considers provocation, sudden fight, etc.	Attack during sudden quarrel without pre-planning
Non-occurrence of Death	The victim must survive. If death occurs, the offence becomes culpable homicide or murder.	Defines the offence as an “attempt” rather than a completed crime.	Victim survives after gunshot injury
Hurt (Optional Factor)	If hurt is caused, it increases the severity of punishment but is not mandatory for the offence.	Determines quantum of punishment (3 years vs 7 years).	Injury caused by knife attack

Real-Life Examples

Example 1: Sudden Fight
Two people fight suddenly. One hits the other with a rod on the head. The victim survives but suffers serious injury. This can fall under Section 110 BNS.

Example 2: Emotional Reaction
A person reacts in anger and attacks someone without planning. The act is dangerous, even if death does not occur. This is attempt to culpable homicide.

Example 3: Firing Without Killing
A person fires a gun aiming at another person but misses. This is still punishable under Section 110.

Why This Law is Important

This law plays an important role in criminal justice:

1. Prevents serious crimes before they become fatal
2. Punishes dangerous intention even if the result did not occur
3. Protects society from violent behavior

Role of Intention vs Knowledge

Intention means the person wanted to cause death.

Knowledge means the person knew the act was dangerous and could cause death.

Both are enough for liability under Section 110.

Court’s Approach in Such Cases

Courts usually examine:

• Nature of weapon used
• Body part targeted
• Severity of injury
• Circumstances like fight or provocation
• Behavior of the accused

These factors help determine the correct offence.

Important Legal Points

• Mere preparation is not punishable; there must be an actual attempt
• Injury is not mandatory for the offence
• Greater harm leads to stricter punishment
• Each case is judged based on its facts

Common Mistakes Students Make

• Confusing attempt with murder
• Ignoring intention or knowledge
• Treating every injury as attempt to homicide

Comparison with Old IPC Law

Earlier, IPC Section 308 covered this concept.
BNS Section 110 is its updated version with similar meaning.

Easy Trick to Remember

Attempt + Intention + Dangerous Act – Death = Section 110

Practical Case Analysis Approach

Ask these questions:

1. Was there an act?
2. Was there intention or knowledge?
3. Could death have occurred?
4. Did death actually occur?

If the first three answers are yes and the last is no, then it is attempt to culpable homicide.

Quick Revision Points

• Section 110 BNS deals with attempt to culpable homicide
• Death does not occur
• Intention or knowledge must exist
• Punishment up to 3 or 7 years depending on injury
• Similar to IPC Section 308

Conclusion

Attempt to culpable homicide ensures that even failed but dangerous acts are punished. The law recognizes that intention and risk matter, not just the final result.

It creates a balance between human behavior and public safety by distinguishing between different levels of offences.

Understanding this concept is essential for both legal studies and real-life awareness of criminal law.