What is Section 308 IPC? Attempt to commit culpable homicide
Published on: Lawiz Team
Learn about Section 308 IPC: Attempt to commit culpable homicide
Official Legal 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, the offender shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 308 punishes anyone who attempts to commit culpable homicide, not amounting to murder.
Purpose
To deter individuals from attempting to cause death without the intention to commit murder.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 3 years, or fine, or both; If hurt is caused, imprisonment up to 7 years, and fine.
Scope and Application
Applies when an act is done with the intention of causing such bodily injury that is likely to cause death.
Important Legal Points
The prosecution must prove that the accused acted with the intention or knowledge that their act was likely to cause death.
Illustrative Example
If a person strikes another with a heavy stick with the intention of causing serious injury, but the victim survives, it is punishable under Section 308.
Exceptions and Special Cases
Does not apply if the act is done without any intention to cause harm or death.
Punishment Details
Imprisonment of either description for a term which may extend to three years, or fine, or both. If hurt is caused, imprisonment may extend to seven years, or fine, or both.
FAQs
What is Section 308 IPC about?
Official legal meaning and explanation of Section 308 IPC.
What is the punishment under Section 308 IPC?
Punishment details under Section 308 IPC.
Is offence under Section 308 IPC bailable?
Depends on the seriousness and nature of offence under Section 308 IPC.
Is Section 308 IPC a cognizable offence?
Generally based on severity; needs proper case-by-case analysis.
How to file a case under Section 308 IPC?
Visit local police station, file FIR, submit necessary evidence.
How can a person defend against Section 308 IPC charges?
Possible defences include lack of intention, false accusation, or absence of legal ingredients.
Which court handles cases under Section 308 IPC?
Usually Magistrate Court or Sessions Court depending on punishment prescribed.