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Section 110 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offence of attempting to commit culpable homicide. This provision applies to acts undertaken with the intent or knowledge that the actions are likely to cause death but fall short of constituting murder. It recognises the seriousness of such attempts, even if death does not occur.

Definition of BNS Section 110

Section 110 of the BNS 2023 States:

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.

Explanation and Illustration of BNS Section 110

Section 110 of the Bharatiya Nyaya Sanhita (BNS) 2023 deals with situations where a person performs an act with the knowledge or intention that, if the act were to cause death, it would be considered culpable homicide not amounting to murder.

  • If the act does not cause any harm but has the potential to cause death, the person will be punished with imprisonment for up to three years, or a fine, or both.
  • However, if the act causes harm (hurt) to another person, the punishment is increased, with imprisonment for up to seven years, or a fine, or both.
  • This section holds the individual accountable for performing acts with the knowledge that they could lead to harm or death, even if the intended victim is not the one harmed.
    Illustration:
    A, acting on grave and sudden provocation, shoots a pistol at Z in such a manner that, if it resulted in death, A would be guilty of culpable homicide not amounting to murder. In this case, A has committed the offence described in this section.

    Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

    Key Points in Section 110

    Anyone who performs an act with the intention or knowledge that it could likely result in death, and under circumstances where, had the death occurred, they would be guilty of culpable homicide not amounting to murder, shall be punishable with imprisonment for a term up to three years, or a fine, or both. Here are some main definitions of the same:

  • Definition of Culpable Homicide: Culpable homicide refers to causing death without the intent to murder, often due to recklessness or negligence
  • Intent and Circumstances: The act must be done with the intention or knowledge that it could likely lead to death
  • Punishment for Attempt:
  • If no harm occurs: Imprisonment up to three years, or a fine, or both
  • If harm occurs: Imprisonment up to seven years, or a fine, or both
  • Legal Implications: This section focuses on the intent behind actions, aiming to prevent violent behavior regardless of the outcome
  • Relevance: Understanding this provision is crucial for legal responsibility, emphasising the need for careful behavior that could otherwise cause harm.
    1. Differences Between Section 110 of BNS and its Equivalent IPC Section

      This section outlines the key differences between Section 110 of BNS and its equivalent IPC section 308 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.

      BNS Sections/ SubsectionsSubject IPC Sections Summary of comparison
      110 Attempt to commit culpable homicide. 308 No change.

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      FAQs about Section 110 of the Bharatiya Nyaya Sanhita (BNS)

      The punishment depends on whether harm was caused. If no harm occurs, the term may not exceed three years, but if harm is caused, it can extend to seven years.
      Intent or knowledge means the person must be aware of the potential risk of death while performing the act, even if the intention was not to cause death.
      Yes, as illustrated in the example of a person firing a gun after grave provocation, even if the act was impulsive, it can still qualify as an attempt to commit culpable homicide.
      If the victim survives but is hurt by the act, the punishment for the accused can be up to seven years of imprisonment.
      This section aims to prevent reckless or negligent behavior that could potentially harm or kill someone, focusing on the intent behind the actions rather than the outcome.
      It provides a clear legal framework for situations involving harmful attempts, and complements other sections like those dealing with murder, manslaughter, and grievous harm.
      Understanding this section is crucial for legal accountability, as it clarifies the consequences of reckless acts that could potentially result in death, ensuring that individuals are held responsible for dangerous behavior.
       section 110 of bns

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