Heading of the Section: Attempt to commit culpable homicide
Overview: Section 308 applies to attempts to commit homicide not amounting to murder, in which there has been not merely a commencement of execution of the purpose, but something short of a complete execution, the consummation being hindered by circumstances independent of the will of the author. This section talks about punishment for acts of a person which causes death or injury. In this section, intention or knowledge of the perpetrator regarding the consequences of his act is important.
Scope of this section: This section is applicable to all acts of the person if he has intention or knowledge. It covers death or injury to other people.
Punishment for Attempt to commit culpable homicide under 308 IPC: This section has punishment in two parts.
1. First part provides that if any person having intention or knowledge does any act and that act of his causes death, then he would be guilty of culpable homicide not amounting to murder, and shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
2. Second, the part provides that if the hurt is caused to that person or he gets injured by the act, then the person who committed the act shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| (1) Attempt to commit culpable homicide (2) If such act causes hurt to Any person | (1) 3 Years or Fine or Both (2) 7 Years or Fine or Both | (1) Cognizable (2) Cognizable | (1) Non-Bailable (2)Non-Bailable | (1) Court of sessions (2) Court of sessions |
| Offence | (1) Attempt to commit culpable homicide (2) If such act causes hurt to Any person |
|---|---|
| Punishment | (1) 3 Years or Fine or Both (2) 7 Years or Fine or Both |
| Cognizance | (1) Cognizable (2) Cognizable |
| Bail | (1) Non-Bailable (2)Non-Bailable |
| Triable By | (1) Court of sessions (2) Court of sessions |
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