Verified 2025 — BNS Bare Act

IPC 308 → BNS 110: Attempt Culpable Homicide

IPC Section 308 (Attempt Culpable Homicide) under the old Indian Penal Code 1860 is now covered under Section 110 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

308

Attempt Culpable Homicide

Attempt to commit culpable homicide

New Law — BNS 2023

110

Attempt Culpable Homicide

Punishment / Liability

Same - Up to 3 or 7 years

Key Change / Note

No major change

Facing a case under BNS 110?

Connect with a verified criminal lawyer for bail, FIR & defence under BNS 110.

What changed for IPC 308?

IPC 308 (Attempt Culpable Homicide) — attempt to commit culpable homicide — now maps to BNS Section 110. Key change: No major change. Punishment under BNS 110: Same - Up to 3 or 7 years.

IPC 308 (now BNS 110): Attempt to Commit Culpable Homicide — Explained

IPC Section 308 punishes an attempt to commit culpable homicide not amounting to murder. It applies when a person does an act with the intention or knowledge that, had that act actually caused death, the offence would have been culpable homicide not amounting to murder — not full murder. From 1 July 2024 this provision continues, almost word-for-word, as Section 110 of the Bharatiya Nyaya Sanhita (BNS) 2023.

IPC 307 vs IPC 308 — the crucial difference

This is the most common confusion, and it decides how serious the charge is. The test is: if death had actually occurred, what would the offence have been?

	IPC 307 → BNS 109	IPC 308 → BNS 110
If death had occurred	It would be Murder	It would be Culpable homicide not amounting to murder
Intent / knowledge	Murderous intention or knowledge	Lesser culpability — e.g. a sudden fight, grave & sudden provocation, no premeditation
Maximum imprisonment	Up to 10 years (up to life if hurt is caused)	Up to 3 years (up to 7 years if hurt is caused)

Punishment under BNS 110 (unchanged from IPC 308)

No hurt caused: imprisonment up to 3 years, or fine, or both.
Hurt actually caused: imprisonment up to 7 years, or fine, or both.

This two-tier structure — a lighter sentence where no injury results and a heavier one where the victim is actually hurt — is retained in BNS 110.

What actually changed from IPC to BNS?

Substantively, nothing material changed — only the section number moved from IPC 308 to BNS 110. The ingredients (an act done with the intention/knowledge of culpable homicide not amounting to murder) and the 3-year / 7-year punishment slabs are the same. FIRs and trials begun before 1 July 2024 continue under IPC 308; new FIRs are now registered under BNS 110.

Practical notes

For advocates: in any charge-sheet or bail application for an offence registered after 1 July 2024, cite BNS 110. The defence — that the requisite intention/knowledge is absent, or that the facts fall under a lighter provision — is argued just as it was under IPC 308.
For the accused & citizens: the gravity turns on whether the prosecution can prove the culpable-homicide level of intent/knowledge, and whether any hurt was actually caused. Always consult a criminal lawyer for bail and defence.

This explainer is for general legal awareness. For the exact current text and procedure, refer to the official BNS bare act or a qualified advocate.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 308?

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

What is the punishment under BNS 110?

Same - Up to 3 or 7 years

What is the key difference between IPC 308 and BNS 110?

No major change

Is IPC 308 still valid in India?

No. The Indian Penal Code 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 on 1 July 2024. The attempt culpable homicide offence earlier in IPC 308 is now governed by BNS 110 — pending IPC 308 cases continue, but new FIRs cite BNS 110.