What is IPC 308 in BNS?

IPC Section 308 (Attempt to commit culpable homicide) is Section 110 of the Bharatiya Nyaya Sanhita, 2023.

For offences committed on or after 1 July 2024 the offence falls under BNS 110, which the BNSS First Schedule classifies as non-bailable and cognizable. Offences committed before that date are charged under the IPC.

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IPC Section 308 in BNS: Section 110

Attempt to commit culpable homicide

Section 308 of the Indian Penal Code, 1860 (Attempt to commit culpable homicide) corresponds to Section 110 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 110 is cognizable, non-bailable, triable by Court of Session; punishment: Imprisonment for 3 years, or fine or both.

Bail, cognizability and punishment

Section	Offence	Punishment	Cognizable	Bailable	Triable by
110	Attempt to commit culpable homicide.	Imprisonment for 3 years, or fine or both.	Cognizable	Non-bailable	Court of Session
110	If such act causes hurt to any person.	Imprisonment for 7 years, or fine, or both.	Cognizable	Non-bailable	Court of Session

Source: BNSS, 2023, First Schedule, Part I.

The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.

Text of BNS Section 110

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.

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.

Full BNS Section 110 and every IPC section it replaced →

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