सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 110

Attempt to commit culpable homicide

Why this exists

Criminal law generally punishes not just completed crimes but also attempts, because the wrongdoer's dangerous intent and conduct deserve punishment even if the result (death) doesn't occur. This provision continues a long-standing principle from the Indian Penal Code (Section 308), recognizing that some killings, if completed, would be treated more leniently — for example, when there is grave and sudden provocation, or an honest but mistaken belief in self-defence. The law extends the same lower level of culpability to failed or interrupted attempts.

How courts read it

Since this provision mirrors the earlier IPC Section 308, courts have historically interpreted it by first asking whether, had death resulted, the case would have fallen under culpable homicide not amounting to murder (for instance, due to sudden provocation or exceeding the right of private defence). If yes, and the accused's act was done with the required intention or knowledge, the attempt itself becomes punishable under this section, with an enhanced sentence if actual hurt was caused.

Common misconceptions
  • Myth: This section only applies if the victim actually dies.
    Fact: It applies even when the victim survives — it punishes the attempt itself, based on the attacker's intent and circumstances.
  • Myth: This is the same as 'attempt to murder.'
    Fact: It covers a lesser degree of culpability — situations where, had death occurred, it would count as culpable homicide not amounting to murder, not murder itself.