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.
Illustrations
- A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he there by caused death he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section.
IPC Section 308: Simplified Explanation
IPC Section 308 of the Indian Penal Code addresses the offence of attempting to commit culpable homicide. This section applies when a person does an act with the intent or knowledge that such an act is likely to cause death but not necessarily with the intent to cause death as required for murder. This is similar to culpable homicide but is specifically about the attempt that doesn’t result in death.
Key elements of this section include:
- Intent or Knowledge: The person must have the intent to cause such bodily injury as is likely to cause death or knowledge that their act is likely to cause death.
- Act of Attempt: There must be a concrete action towards causing death or serious harm, but where death does not occur.
- Lack of Completion: The victim does not die from the act, differentiating it from cases of completed culpable homicide.
Is IPC Section 308 Bailable?
IPC Section 308 is a non-bailable offence. Due to the gravity of the actions involved, where there is a clear risk to life, the accused must appear before a judicial authority to seek bail.
IPC Section 308 Punishment
The Punishment under IPC Section 308 varies depending on the outcome of the attempt:
- Suppose the attempt to commit culpable homicide causes hurt to any person. In that case, the accused may face imprisonment of up to 7 years and be liable to a fine.
- If the attempt does not result in injury, the sentence may be up to 3 years, a fine, or both.
The severity of the sentence is influenced by the circumstances of the attempt and the extent of injury or danger caused.
Example of IPC Section 308
A real-life example involving IPC Section 308 occurred in a case where a man attacked another with a sharp weapon during a heated argument. The attacker knew that his actions could potentially cause fatal injuries but didn’t specifically aim to kill the victim. The victim sustained severe injuries but survived after prompt medical intervention. The attacker was charged under IPC Section 308 for his actions, reflecting the legal response to actions that dangerously straddle the line between intent to harm and potential to kill.
