Attempt to Commit Culpable Homicide Under the BNS (Section 110): IPC 308 Mapping (2026)
What Section 110 of the Bharatiya Nyaya Sanhita covers, the punishment for attempting culpable homicide with and without hurt, and how it maps to IPC Section 308. Last verified October 2026.
Explainer · New Criminal Laws · BNS
Section 110 of the Bharatiya Nyaya Sanhita (BNS), 2023 punishes an attempt to commit culpable homicide, that is, an act done with the intention or knowledge that, had death followed, the act would have been culpable homicide not amounting to murder. The sentence is lower where no injury results and higher where the act causes hurt. This section replaced Section 308 of the Indian Penal Code (IPC) and has applied since 1 July 2024. This explainer sets out what Section 110 covers, the exact punishment, how it is classified, and what changed from the old law. Last verified October 2026.
- What it is: BNS Section 110, an attempt to commit culpable homicide not amounting to murder.
- Old law: it replaced Section 308 of the IPC, in force since 1 July 2024.
- Punishment: up to 3 years, or fine, or both, if no hurt; up to 7 years, or fine, or both, if hurt is caused.
- Key change: mainly the section number; the definition and sentence carry over.
01The short answer
Section 110 of the BNS is the attempt version of culpable homicide not amounting to murder. A person commits it by doing an act with such intention or knowledge, and in such circumstances, that if the act had caused death it would have been culpable homicide not amounting to murder.
The punishment has two tiers:
- No hurt caused: the lower tier.
- Hurt caused: the higher tier.
It replaced IPC Section 308, and the wording and sentence are substantially the same.
Section 110 of the BNS punishes an attempt to commit culpable homicide, with a higher sentence where the act actually causes hurt.
02What the section covers
The section turns on the mental element and the circumstances, not on the result. Death does not happen, or the offence would be the full culpable homicide section.
The mental element
The act must be done with the intention or knowledge that, had it caused death, it would have been culpable homicide not amounting to murder. In plain terms, the accused meant to, or knew they were likely to, cause a death of that lesser degree, but death did not follow.
How it differs from attempt to murder
Attempt to murder is a separate, more serious offence, because the underlying act, had it killed, would have been murder. Section 110 is the step below it. For the related offences, see attempt to murder under Section 109 and culpable homicide under Section 105.
The section is also an example of how attempt is punished in the BNS. See the general rule on attempt under Section 62.
03Punishment and classification
The two tiers and their penalties are set out below.
| Situation | Punishment under BNS Section 110 |
|---|---|
| The act causes no hurt | Imprisonment of either description up to three years, or fine, or both. |
| The act causes hurt to any person | Imprisonment of either description up to seven years, or fine, or both. |
This offence is cognizable, non-bailable and triable by a Court of Session.
04IPC 308 to BNS 110: what changed
Section 110 of the BNS is the direct successor to Section 308 of the IPC. The change here is mostly the number, not the substance.
- Same definition: the act that, had it killed, would have been culpable homicide not amounting to murder.
- Same two tiers: up to three years where no hurt is caused, and up to seven years where hurt is caused.
- Same classification: it remains a serious, Sessions triable offence.
So the practical point for lawyers is simple: a charge once framed under IPC 308 now reads as BNS 110. For the full map of old numbers to new, see our IPC to BNS section converter.
05Practical points
- Watch the grading. Prosecutors often have to choose between Section 109 (attempt to murder), Section 110, and the hurt sections. The right choice turns on the intention and the circumstances.
- Hurt raises the stakes. If the act actually injures someone, the maximum jumps from three to seven years.
- Old cases still guide it. Case law decided under IPC 308 continues to explain the new Section 110, because the wording carries over.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Much of a Section 110 case is the grading argument, the line between attempt to murder, attempt to commit culpable homicide, and the hurt sections, and that argument is won with the right authorities. Claw searches more than 30 crore judgments, the Supreme Court from 1950 and the High Courts from 1990, and brings back a point on the mental element or the two tiers in under five seconds. When the matter is live, Claw follows its orders and hearings across 9,102 courts, benches and forums, by party or by advocate name. Create a free Claw account to research Section 110 and follow such cases by party or advocate name. You can also see how case search works across Indian courts. Claw does not use customer case documents to train its AI models.
07Sources and further reading
- India Code (official bare Acts): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Text of BNS Section 110: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. Statute text can change through amendment and notification, so check the current section and take advice from counsel before acting.
08Frequently asked questions
What is Section 110 of the BNS?
Section 110 of the Bharatiya Nyaya Sanhita, 2023 punishes an attempt to commit culpable homicide not amounting to murder. The accused does an act with the intention or knowledge that, had it caused death, it would have been that lesser degree of homicide. It came into force on 1 July 2024.
What is the punishment under BNS Section 110?
If the act causes no hurt, the punishment is imprisonment up to three years, or a fine, or both. If the act causes hurt, it is imprisonment up to seven years, or a fine, or both.
Which IPC section does BNS 110 replace?
It replaces Section 308 of the Indian Penal Code. The definition and the two tiers of punishment are substantially the same, so the main change is the section number.
How is it different from attempt to murder?
Attempt to murder, Section 109 of the BNS, covers an act that, had it killed, would have been murder. Section 110 is the step below, covering an act that, had it killed, would have been culpable homicide not amounting to murder.
Is Section 110 bailable?
It is treated as a cognizable, non-bailable offence triable by a Court of Session. Always confirm the classification in the current BNSS Schedule for the facts of a particular case.
Can I find cases under Section 110 or Section 308 in Claw?
Yes. Claw searches more than 30 crore judgments for rulings under Section 110 of the BNS or the old IPC 308, and follows a live matter through its orders and hearings across 9,102 courts, benches and forums, by party or advocate name, in a few seconds.