BNS Section 104 - 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.

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Non-bailable, Cognizable

Official Text

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.

Legal Analysis

Elements to Prove:

  • Act with intention or knowledge.
  • Circumstances indicating culpable homicide.
  • Act not completed.

Potential Defenses:

  • No intention or knowledge.
  • Act completed.
  • Lawful activity.

Practical Examples

What Constitutes the Offense:

Attempted poisoning, failed assault with deadly weapons, incomplete dangerous acts.

What Doesn't Constitute:

Completed offenses, lawful activities, or self-defense.

Punishment

Imprisonment up to 7 years, and Fine