IPC Section 308 - 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 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.

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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 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.”

Legal Analysis

Elements to Prove:

  • The accused did an act with intention or knowledge.
  • If death resulted, it would be culpable homicide not amounting to murder.
  • The act was done under circumstances that could cause death.
  • Death did not result from the act.

Potential Defenses:

  • The accused had no intention to cause death.
  • The act was not likely to cause death.
  • The accused was acting in self-defense.
  • The accused was acting under legal authority.

Practical Examples

What Constitutes the Offense:

A person causing injury that could have been fatal but wasn't, or attempting to cause death without the specific intent for murder.

What Doesn't Constitute:

A person accidentally causing injury, or acting in self-defense.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court distinguished this from attempt to murder, emphasizing the different mental state required.

Punishment

Up to 3 years, or Fine, or both; if hurt is caused, then up to 7 years, or Fine, or both

Related Information

Connected Sections:

This section deals with attempt to commit culpable homicide. It is related to Section 299 and Section 304.

Procedural Aspects:

Prosecution requires proof of intention or knowledge. The case is triable by a Court of Session.

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