Criminal Law

110 BNS

Section 110 BNS speaks about the attempt to commit culpable homicide.

As per the Section 110 “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."

Attempt to commit culpable homicide

Basically this provision is related to the offence and punishment of the attempt to commit culpable homicide.

The Trial court may punish with imprisonment of either description for a terms may extend to 07 years or fine.

Section 110 of BNS

If a person on sudden provocation, fires a pistol under such circumstances that if he thereby caused death.

He would be guilty of culpable homicide not amounting to murder. The person has committed the offence defined in this section.

BNS 100 of Bharatiya Nyaya Sanhita, 2023

The wording of this section deals with an attempt to commit culpable homicide.

The punishment provided is, therefore, not so severe. Before making conviction an accused can be held to be guilty under this section.

When the accused has only knowledge that by inflicting such injuries he was likely to cause death and an attempt to commit such an offence would be one punishable under this section.

Ingredients of 110 BNS

The ingredients of 110 BNS are general like requisite intention or knowledge.

Before arriving at a finding of conviction the trial court ensures that the ingredients thereof, namely, requisite intention or knowledge are existing.

110 BNS bailable or not

The offence under Section 110 BNS is cognizable and Non-bailable offence.

Court of Session conducts the trial for this office.

Punishment of Section 110 BNS

If the offence is of attempt to commit culpable homicide then punishment may be for 3 years imprisonment, or fine, or both.

If the act of offence causes hurt to any person then the punishment may be upto seven years, or fine, or both.

Supreme Court Orders on 110 BNS

Merely because the prosecution witnesses had suffered more injuries than the respondents, would not be sufficient to hold that the respondents were the aggressor party.

In other words, court cannot discard the defense version on the basis of lesser number of injuries.

Case Reference:  State of UP v Munni Ram, AIR 2011 SC (Supp) 573

On the facts and in the circumstances of the case, the Supreme Court found that plea of self-defence was not made out by the appellant and, therefore, contention that the finding recorded by the High Court that he was guilty under this section for causing injuries to should be sustained cannot be accepted.

Case Reference: Shaukat v State of Uttaranchal, (2010) 5 SCC 68

Accused was convicted under this section. Offence was committed when the accused was 17 years old. High Court released him under section 4 of Probation of Offenders Act, 1958.

Case Reference: Jameel v State of UP, (2010) 12 SCC 532