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.

IPC Section 308: Explained In Simple Terms

IPC Section 308 deals with the situation where someone attempts to cause the death of another person but does not succeed. The crucial factor here is the intention behind the action; the person either intended to kill or knew that their actions were so dangerous that death could be a likely outcome. However, since death did not occur, they are charged with "attempt to commit culpable homicide" instead of murder.

For example, if a person attacks another with a weapon intending to kill but the victim survives, the attacker may be charged under Section 308. The severity of the punishment varies based on the extent of injuries inflicted during the attempt. If the victim suffers serious injuries, the punishment can be up to 7 years in prison and/or a fine. If the injuries are not severe, the punishment may be lighter, but it still reflects the seriousness of the attempt.

Key Details Of IPC Section 308

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