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.
Simplified Explanation
Section 110 of the Bharatiya Nyaya Sanhita (Indian Penal Code) deals with the offense of attempting to commit culpable homicide. Culpable homicide refers to the act of causing death with the intention to kill or with the knowledge that the act is likely to cause death but without the act rising to the level of murder. This section specifically addresses situations where someone attempts to commit culpable homicide but does not succeed in causing death.
Text of Section 110
The section states:
“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.”
Explanation
- Attempt to Commit Culpable Homicide: This section deals with cases where a person performs an act with the intention or knowledge that it could result in culpable homicide, but the victim does not die. It covers situations where a person tries to kill someone but fails to do so.
- Culpable Homicide Not Amounting to Murder: This refers to situations where death is caused, but the killing is not classified as murder (e.g., the death was caused in a moment of provocation or without premeditation).
Punishment
The punishment for attempting culpable homicide is:
- Imprisonment for up to 3 years, or a fine, or both, for the attempt where no harm (hurt) is caused to the person.
- If hurt (injury) is caused by the act, the punishment increases to:
- Imprisonment for up to 7 years, or
- Fine, or
- Both.
Key Points
- Intention or Knowledge: To be convicted under this section, the person must have intended to commit culpable homicide, or they must have had knowledge that their actions were likely to cause death or serious harm.
- Attempt with Culpable Homicide: This section is specifically for attempted culpable homicide where the victim does not die. If death occurs, the offense would be categorized as culpable homicide or possibly murder, depending on the circumstances.
- Punishment for Hurt: If hurt (injury) is caused by the act, the punishment is more severe—up to 7 years of imprisonment. This reflects the severity of causing harm, even if the victim does not die.
Illustration
The section includes an example to clarify how it applies:
- Example:
A, on grave and sudden provocation, fires a pistol at Z. If A had caused Z’s death by the shot, A would be guilty of culpable homicide not amounting to murder. However, even if the shooting does not result in death, A has still committed attempted culpable homicide under this section.
Conclusion
Section 110 provides for the punishment of individuals who attempt to commit culpable homicide but do not succeed in causing the victim’s death. The section distinguishes between mere attempts (without injury) and attempts resulting in hurt (injuries), with the latter carrying a more severe penalty. This provision helps address cases where someone takes actions with the intent or knowledge that death could result, but the victim survives.
