Bharatiya Nyaya Sanhita, 2023
Section 110
Attempt to commit culpable homicide
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.
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.