Code
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.
Explanation of Section 110 BNS
2.1. Key Elements of Section 110 BNS
- Intention or Knowledge:
- The person must have the intention to cause death or
- Knowledge that the act could cause death.
- Punishment:
- If no injury is caused: Imprisonment up to 7 years + Fine.
- If hurt is caused: Imprisonment up to 10 years + Fine.
Illustrations (Examples for Better Understanding)
3.1. Example 1: Attacking with a Deadly Weapon
A attacks B with a knife, intending to injure B severely, but B survives.
- Since A did not intend to kill B but knew the injury could cause death, A is guilty of attempt to commit culpable homicide.
3.2. Example 2: Pushing Someone from a Height
A pushes B off a balcony during an argument, but B survives.
- Since A did not intend to kill B but knew it was dangerous, A is guilty under Section 110 BNS.
3.3. Example 3: Setting a Fire Near Someone
A sets fire to a room where B is sleeping, intending to scare him.
- If B survives but gets injured, A is liable for attempt to commit culpable homicide.
Common Questions and Answers on Section 110 BNS
4.1. How is attempt to commit culpable homicide different from attempt to murder?
- Attempt to Murder (Section 109 BNS): The person has a clear intention to kill.
- Attempt to Commit Culpable Homicide (Section 110 BNS): The act is dangerous, but there is no direct intention to kill.
4.2. Is attempt to commit culpable homicide a bailable offense?
It depends on the severity of the case:
- If no injury is caused: It may be bailable.
- If hurt is caused: It is usually non-bailable.
4.3. What if a person only threatens but does not act on it?
- Just threatening someone does not amount to an offense under Section 110 BNS.
- The act must be committed with the potential to cause death.
4.4. What is the punishment if someone gets hurt in the act?
- If hurt is caused, the punishment is up to 10 years in prison + Fine.
4.5. Is intention necessary to prove this offense?
- Intention OR knowledge is required.
- Even if a person does not intend to kill, but knows the act is dangerous, they are liable under this section.
Conclusion
Section 110 BNS ensures that those who attempt to cause death through reckless or intentional actions face legal consequences. The punishment varies based on whether hurt is caused and the degree of intent involved.
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