Section 308 IPC and Section 110 BNS: Attempt to Commit Culpable Homicide
Section 308 of the Indian Penal Code, 1860 dealt with an attempt to commit culpable homicide not amounting to murder. For offences governed by the Bharatiya Nyaya Sanhita, 2023, the corresponding provision is Section 110 BNS.
Section 308 IPC: Attempt to commit culpable homicide
The original provision stated:
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.
This offence concerns an attempt. It is not necessary that death should occur; if death does occur, the applicable homicide provision must be considered instead.
Section 110 BNS: Corresponding law from 1 July 2024
Section 110 of the Bharatiya Nyaya Sanhita, 2023 addresses an attempt to commit culpable homicide. Its core test and punishment structure correspond to the former Section 308 IPC.
| Situation | Maximum punishment |
|---|---|
| Attempt with the required intention or knowledge, without hurt | Imprisonment of either description up to 3 years, or fine, or both |
| Attempt in which hurt is caused | Imprisonment of either description up to 7 years, or fine, or both |
The exact charge depends on the proved facts, including the act, mental element, circumstances and any resulting injury.
Essential ingredients of the offence
- An overt act: The accused must have done an act going beyond mere preparation.
- Intention or knowledge: The act must have been done with the state of mind described in the provision.
- Relevant circumstances: Had death resulted from that act, the conduct would have amounted to culpable homicide not amounting to murder, rather than murder.
- Hurt is not mandatory: Hurt is relevant to the higher punishment bracket, not a universal prerequisite for the offence.
The nature of the weapon, manner of assault, part of the body targeted, surrounding events and medical evidence may all be relevant. No single factor automatically decides the charge.
Illustration retained from Section 308 IPC
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.
The illustration shows why the circumstances of an attempted killing matter. The same physical act may attract a different provision depending on whether a resulting death would legally constitute murder or culpable homicide not amounting to murder.
Section 308 IPC vs Section 110 BNS
| Point | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
|---|---|---|
| Provision | Section 308 | Section 110 |
| Offence | Attempt to commit culpable homicide | Attempt to commit culpable homicide |
| Without hurt | Up to 3 years, or fine, or both | Up to 3 years, or fine, or both |
| Where hurt is caused | Up to 7 years, or fine, or both | Up to 7 years, or fine, or both |
| Applicable period | Relevant to pre-1 July 2024 conduct and saved proceedings | Generally applies to offences committed from 1 July 2024 |
Difference from attempt to murder
Section 307 IPC and Section 109 BNS address attempted murder. Section 308 IPC and Section 110 BNS address an attempt where, if death had occurred, the act would amount to culpable homicide not amounting to murder. The legal distinction is based on the statutory mental element and circumstances, not merely whether an injury is serious.
FIR, bail and trial procedure
The offence is classified as cognizable and non-bailable under the relevant procedural schedule. Non-bailable does not mean that bail is automatically prohibited; the competent court decides a bail request under the applicable law and facts. The classification and court competent to try the case should be checked against the applicable schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 or, for saved older proceedings, the Code of Criminal Procedure, 1973.
The prosecution must establish the required act and intention or knowledge beyond reasonable doubt. The medical record, witness accounts and other admissible evidence must be evaluated in context.
Frequently asked questions
What is Section 308 IPC?
Section 308 IPC penalised an act done with the intention or knowledge and in circumstances such that, if death resulted, the offender would be guilty of culpable homicide not amounting to murder.
What is the equivalent of Section 308 IPC under BNS?
Section 110 of the Bharatiya Nyaya Sanhita, 2023 corresponds to Section 308 IPC for offences governed by the new law.
What is the punishment under Section 308 IPC or Section 110 BNS?
The punishment may extend to three years, or fine, or both. If hurt is caused, imprisonment may extend to seven years, or fine, or both.
How is attempted culpable homicide different from attempted murder?
The distinction turns on the nature of the intention or knowledge and the circumstances: attempted murder corresponds to Section 307 IPC or Section 109 BNS, while attempted culpable homicide not amounting to murder corresponds to Section 308 IPC or Section 110 BNS.
Does an injury have to occur for Section 308 IPC to apply?
No. The basic offence can be made out without hurt, if the required act and mental element are established. Hurt affects the applicable punishment.
Official statutes and further reading
- India Code - official central legislation database (search for the Bharatiya Nyaya Sanhita, 2023, Section 110).
- Ministry of Home Affairs - criminal law implementation notifications and materials.
- India Code - Indian Penal Code, 1860; Bharatiya Nagarik Suraksha Sanhita, 2023; and relevant schedules.
This article is general legal information, not case-specific legal advice. Check the current statutory text, commencement notifications and judicial decisions before relying on a provision in proceedings.