BNS Section 110 : Attempt to Commit Culpable Homicide
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.
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.
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:
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/ Subsections | Subject | 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)
What factors are considered for punishment under this section?
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.
What does 'intent or knowledge' mean in this context?
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.
Can this section apply if the act was done in sudden provocation?
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.
What happens if the person attempts culpable homicide but the victim survives?
If the victim survives but is hurt by the act, the punishment for the accused can be up to seven years of imprisonment.
What is the legal implication of this section?
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.
How does Section 110 align with other sections of BNS?
It provides a clear legal framework for situations involving harmful attempts, and complements other sections like those dealing with murder, manslaughter, and grievous harm.
Why is it important to understand Section 110?
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.
