BNS Section 110 – Attempt to commit culpable homicide

Amit Kapoor04 mins

IPC Section – 308

Cognizable offence
punishable with Imprisonment of either description
which may extend to three years, or with fine or with
both if hurt is caused, than imprisonment which may
extend to seven years or with fine or with both.

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.

IllustrationsA, 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.

Key Points on BNS-110: Attempt to Commit Culpable Homicide

Definition of Culpable Homicide

Culpable homicide refers to causing death without the intention to murder. It involves a level of recklessness or negligence, where the act may not be intended to kill, but is performed in such a way that death is likely.

Intent and Circumstances

The act must be performed with intention or knowledge indicating that the person knew their actions could likely result in death. This emphasizes the recklessness or disregard for the consequences of one’s actions.

Punishment for Attempt

  1. If No Harm Occurs
    • The offender may face up to three years imprisonment, a fine, or both.
  2. If Harm Occurs
    • If the act results in harm to any person, the offender may face up to seven years imprisonment, a fine, or both.

Legal Implications

This section addresses attempts to commit culpable homicide, focusing on the intent behind actions rather than the outcome. It aims to deter violent behavior by imposing consequences on reckless or negligent actions, even if they do not result in death.

Relevance

Understanding this provision is crucial for legal accountability, as it reinforces the importance of responsible behavior that could potentially lead to harm.

Details of the Offense

  • Offense: Attempt to commit culpable homicide
  • Punishment: Imprisonment for 3 years, or fine, or both
  • Cognizable or Non-cognizable: Cognizable
  • Bailable or Non-bailable: Non-bailable
  • By what Court triable: Court of Session
  • Offense: If such an act causes hurt to any person
  • Punishment: Imprisonment for 7 years, or fine, or both
  • Cognizable or Non-cognizable: Cognizable
  • Bailable or Non-bailable: Non-bailable
  • By what Court triable: Court of Session

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