IPC Section 308 = BNS Section 110

Attempt to Commit Culpable Homicide

गैर इरादतन हत्या करने का प्रयत्न

Offences Against the Body No Change in Punishment Cognizable Non-Bailable Updated: 2026-02-28

Overview

Section 308 of the IPC dealt with attempt to commit culpable homicide. Under BNS 2023, this is now Section 110. The punishment structure remains the same.

Hindi IPC की धारा 308 गैर इरादतन हत्या करने के प्रयत्न से संबंधित थी। BNS 2023 के तहत यह अब धारा 110 है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 308 Section 110
Title Attempt to Commit Culpable Homicide Attempt to Commit Culpable Homicide
Punishment Imprisonment up to 3 years, or fine, or both; if hurt is caused — up to 7 years, or fine, or both Imprisonment up to 3 years, or fine, or both; if hurt is caused — up to 7 years, or fine, or both
Cognizable Yes — Police can arrest without warrant
Bailable No — Bail at the discretion of the court
Compoundable No — Cannot be compounded/settled
Triable By Court of Session

Key Changes

  • Section number changed from IPC 308 to BNS 110
  • Punishment remains the same
  • No substantive changes

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 The accused did an act with the intention or knowledge that it could cause death
  2. 2 The act did not result in death
  3. 3 The act would have amounted to culpable homicide if death had been caused

Frequently Asked Questions

What is the BNS equivalent of IPC Section 308?

IPC Section 308 (Attempt to Commit Culpable Homicide) is now BNS Section 110 under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.

Has the punishment changed from IPC 308 to BNS 110?

No, the punishment remains substantially the same. Under BNS 110: Imprisonment up to 3 years, or fine, or both; if hurt is caused — up to 7 years, or fine, or both.

Is BNS Section 110 cognizable?

Yes, BNS Section 110 is a cognizable, non-bailable, and non-compoundable offence.

Legal Disclaimer

This IPC-to-BNS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.

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