IPC 308 in the new BNS 2023

If you have been named in an FIR or notice under this section, the section number alone does not decide the outcome — the facts, the evidence and the procedure do. Many cases turn on procedural lapses, bail strategy and the exact ingredients of the offence.

This section covers an attempt to commit culpable homicide, meaning an act that would have amounted to culpable homicide had the victim died. Under the BNS it sits at Section 110.

What the section requires

For the offence to be made out, these ingredients have to be established:

• the accused did an act with the intention or knowledge that would make it culpable homicide if death resulted
• the act was done in circumstances where death did not in fact occur
• the intention or knowledge falls short of that required for attempt to murder

What changed from the IPC

The offence carried over substantively. Its position in the code is now clearer: BNS 109 deals with attempt to murder, formerly IPC 307, and BNS 110 deals with attempt to commit culpable homicide, formerly IPC 308, placing the two attempt provisions side by side in the order of seriousness.

How this section is distinguished from related offences

The distinction from attempt to murder under BNS 109 is one of degree, and it is the issue these cases usually turn on. Attempt to murder requires the intention or knowledge that would make the killing murder. Attempt to commit culpable homicide covers acts done with the lesser intention or knowledge that would make the killing culpable homicide not amounting to murder. Because neither offence requires death, courts assess intention from the nature of the act, the weapon if any, the part of the body targeted, the force used and the surrounding circumstances, rather than from the injury alone.

How the case proceeds

The medical evidence describing the injury and its potential to cause death is important, but it is not decisive on its own, because the offence looks to intention rather than outcome. Whether a charge proceeds under BNS 109 or BNS 110 frequently becomes the central contested question, and the court can alter the charge if the evidence supports the lesser offence.

Evidence that usually decides these cases

The medical evidence describing the injury, its location and its potential to cause death is important but not conclusive, because the offence turns on intention rather than result. Courts examine the weapon if any, the part of the body targeted, the degree of force, whether the attack was repeated or stopped, and what was said before and during the incident. Evidence of prior enmity or of a sudden quarrel bears directly on which of the two attempt provisions applies.

How courts approach sentencing

The maximum is three years, or a fine, or both, rising to seven years where hurt is actually caused. That is materially lower than attempt to murder under BNS 109, which is why the choice between the two sections is usually the most consequential question in the case. Courts weigh premeditation, the nature of the weapon and the persistence of the attack.

Defences that commonly apply

Beyond denial, the substantive defences are private defence, where the response was proportionate to a reasonable apprehension, and absence of the intention or knowledge the section requires. Establishing that the incident arose from a sudden quarrel without premeditation supports the lesser provision, and in some circumstances reduces the matter further to an offence of causing hurt.

How a case under this section typically progresses

The case begins with the complaint and medical examination, and the section applied at the FIR stage frequently changes later. Because attempt to murder and attempt to commit culpable homicide sit close together, the section recorded initially is often the more serious of the two, and the question is revisited at charge-framing on the basis of the medical and circumstantial evidence. Where the matter proceeds under BNS 110 it may be tried by a magistrate or a Sessions Court depending on the punishment in question, and the charge can still be altered during trial.

Documents worth gathering early

Secure the injury report and complete medical records, including any opinion on whether the injury was life-threatening, since that assessment bears on which attempt provision applies. Photograph injuries sustained by both sides at the earliest opportunity. Obtain the seizure memo for any weapon and check whether the description matches the injuries alleged. Where the incident arose from a sudden quarrel, evidence about how it began, including messages, call records and independent witnesses, supports the lesser provision and is worth collecting before recollections fade.

Note on bail and cognizability. Whether an offence is cognizable, and whether it is bailable, is set by the First Schedule to the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, not by the BNS section itself. Because that classification decides whether police can arrest without a warrant and how bail is approached, check it for your specific section with an advocate rather than relying on a general summary.

If you have been named under this section

Because the offence is defined by intention rather than result, the circumstances surrounding the act carry disproportionate weight. Whether the incident arose from a sudden quarrel without premeditation, and what the accused actually did as opposed to what the injury suggests, are the questions that separate the two attempt provisions.

Common misunderstandings

"Nobody died, so there is no serious offence."
Both attempt provisions apply precisely where death did not occur. The offence is complete on the act done with the required intention.

"A minor injury means a minor charge."
The seriousness of the injury is evidence of intention, not a substitute for it. Courts look at the whole circumstances.

"Attempt to murder and attempt to culpable homicide are the same."
They are separate offences at BNS 109 and BNS 110, distinguished by the degree of intention or knowledge involved.

Related BNS sections

• BNS 110 — Attempt to commit culpable homicide
• BNS 109 — Attempt to murder (IPC 307)
• BNS 105 — Culpable homicide not amounting to murder (IPC 304)
• BNS 103 — Murder (IPC 302)

Which code applies to your case

The Bharatiya Nyaya Sanhita 2023 replaced the Indian Penal Code 1860 with effect from 1 July 2024, and the change is not retrospective. The date the offence is alleged to have been committed decides which code governs it. An offence alleged to have occurred on or after 1 July 2024 proceeds under the BNS. An offence alleged to have occurred before that date continues to be investigated, tried, appealed and punished under the IPC, even where the FIR was registered later. Cases from the transition period frequently cite both numbering systems, which is why the old section number remains worth knowing.

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General information for understanding the IPC→BNS change, not legal advice. The BNS restructured many offences — confirm the exact section, sub-section and punishment with a licensed advocate.