SECTION 308 IPC - Indian Penal Code - Attempt to commit culpable homicide



IPC Section-308

Description of IPC Section 308

According to section 308 of Indian penal code, 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.

 

Offence : Attempt to commit culpable homicide


Punishment : 3 Years or Fine or Both


Cognizance : Cognizable


Bail : Non-Bailable


Triable : Court of Session



Offence : If such act causes hurt to Any person


Punishment : 7 Years or Fine or Both


Cognizance : Cognizable


Bail : Non-Bailable


Triable : Court of Session





Culpable Homicide under the Indian Penal Code

Culpable Homicide is explained in Section 299 of the Indian Penal Code. It states that whoever causes death by doing an act with the intention of causing death or with the intention of causing any bodily injury as is likely to cause death or with the knowledge that he is likely by such act to cause death, commits the offence of Culpable Homicide. 

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Attempt to Commit Culpable Homicide: Section 308 Explained

Section 308 states that whoever does any act with intention or knowledge and under such circumstance that if he/she, by that act caused death, he/she 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 3 years or with fine or both. If hurt is caused in such an attempt, he/she shall be punished with imprisonment of either description for a term which may extend to 7 years or fine or both. 

Section 308 applies to attempt to culpable homicide (not amounting to murder). Here, there has not merely been a commencement or beginning of execution of culpable homicide, but, something short of an execution of the intended crime in its entirety. In order to get the accused punished under this Section, the Court is to be satisfied that he/she made an attempt to cause culpable homicide (and not murder) i.e. if the accused would have been successful in his/her desired conduct or completed the act, he/she would have caused culpable homicide and not murder. The court needs to be assured of such an act, with the help of clear evidence. 

Under Section 308, two kinds of punishments have been stated, depending upon whether, during the attempt, hurt is caused or not. If no hurt is caused, the offender shall be punished with imprisonment upto 3 years, and if hurt has been caused, he/she shall be punished with imprisonment for a maximum of 7 years. 

Offence under Section 308 is Cognizable, Non-bailable, Non-compoundable and Triable by Session Courts. 

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Essential Ingredients for Attempt to commit Culpable Homicide under Section 308 

The essentials to prove an offence under Section 308 (Attempt to Culpable Homicide) of the Indian Penal Code are:

  1. Nature of the Act: The act attempted should be of such a nature that if not prevented or intercepted, it would lead to the death of the victim.

  2. Intention or knowledge of committing the offence: The intention to kill is needed to be proved clearly beyond reasonable doubt. To prove this, the prosecution can make use of the circumstances like an attack by dangerous weapons on vital body parts of the victim, however, the intention to kill cannot be measured simply by the seriousness of the injury caused to the victim. The person attempting to commit culpable homicide do so with the intention or knowledge that if the act that he does causes death, he will be guilty if culpable homicide not amounting to murder. 

  3. Performance or execution of offence: The intention and the knowledge resulting in the attempt to culpable homicide by the accused is also needed to be proved for conviction under the section. 

  4. The act by the offender would cause death in its ordinary course. 
     

The essentials to prove an offence of Culpable homicide under the Indian Penal Code are: 

  1. Whoever causes death or bodily injury which is likely to cause death : For this Section, death is of a human being and does not include the death of an unborn child. However, it is not necessary that the individual whose death was caused is that very individual whose death was intended. 

  2. Doing of an Act: In the criminal law, actus reus is an important concept. It means that the criminal should have acted in furtherance of his/her intention to cause harm (in this case, death). Thus, an act can be an action i.e. an external conduct by the criminal or an omission by him/her. 

  3. Intention to cause death: Intention means an expectation of a consequence of an act or omission by the criminal. Thus, intention to cause death or such injury to the body (or with knowledge) that such injury is likely to cause death is an important aspect in order hold an accused guilty of culpable homicide. 

Punishment for culpable homicide amounting to murder, and culpable homicide not amounting to murder have been given in the Indian Penal Code. 
 

Illustration of Section 308 in the Indian Penal Code

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.

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What is ‘Attempt’ in Indian Penal Code?

Section 511 of the IPC is a specific section which states the punishments for an “attempt” to commit an offence (as per the Indian Penal Code). If an act is a crime under the Indian Penal Code, an attempt to do that criminal act is also a crime and punishable under Section 511 of the Indian Penal Code. Attempt to commit a crime occurs when an individual makes a mindset (with motive) to do a criminal act and makes an effort or does an act/conduct in furtherance to commit that crime, by arranging means and methods that are necessary for the commission, but fails to achieve the commission of a crime. This is termed as an attempt to commit a crime. 

As stated above, even an attempt to commit a crime is considered a crime under the Indian Penal Code. Each and every attempt (which falls short of success) creates a threat in the minds of people which is the injury caused and moreover, the moral guilt of the offender is taken as equal to the guilt of that person had he/she succeeded in committing the crime. 

There are several specific Sections that deal with attempts to commit crimes, such as Section 307 (Attempt to cause murder),  Section 308 (Attempt to cause culpable homicide), etc. Section 511 of the IPC, which gives the punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment states that the offender should be awarded half the punishment of that crime that the person attempted but failed to commit. This is because the injury is not as grave /serious to that if the intended crime had been committed. 
 

Scope of Section 308 of the Indian Penal Code 

Section 308 deals with the offence of attempt to culpable homicide. This Section is applied when an action is taken by an individual with the intention or knowledge that if by his/her acts, death was caused, he/she will be guilty of culpable homicide not amounting to murder. However, an individual is charged for an “attempt” to commit a crime, when that individual took steps for a crime to be completed but due to some shortcomings, failed. 

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Nature of Offence under Section 308 of the IPC

  • Cognizable: Offences are divided into cognizable and non-cognizable. By law, the police are duty bound to register and investigate a cognizable offence. 

  • Non-Bailable: This means that in a complaint filed under Section 308, the magistrate has the power to refuse bail and remand a person to judicial or police custody.

  • Non-Compoundable: A non-compoundable case cannot be withdrawn by the complainant at his/her will.
     

Stages of a Crime as per Indian Criminal Law

There are 4 stages of crime recognised in India. These shall be present in any act to be considered a crime. The 4 stages are:
 

Stage 1: Intention or motive of the Individual

The first stage is the mental stage. It is an ‘intention’ to commit a crime. It can be defined as the willingness of an individual to commit/do an act. However, mere intention to commit a crime is not a crime. Physical act is an important aspect in furtherance of the motive to commit the crime. The guilty mind or evil intent should be visible with a physical act. 
 

Stage 2: Preparing for a crime

The stage of preparation involves the arrangements made by an individual to execute a crime. However, even at this stage, no offence has been committed yet.

Even though mere preparation for any purpose is not a crime, still, certain actions can be prosecuted at this stage under the Indian Penal Code. For example- Preparation for waging a war against the State and preparing to commit dacoity are punishable even at this second stage. 
 

Stage 3: Attempt to commit a crime

The attempt of a crime occurs when preparation for it is done. The attempt is now a direct action in order to commit an offence. Many sections of the Indian Penal Code make attempts to commit crimes, punishable offences.
 

Stage 4: Completion of the crime i.e. the result of the Act

In order to make it a complete offence, the intended crime should be completed. The individual will be guilty of committing the crime after it has been completed.

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‘Intention’ under Section 308 of the IPC 

In order to convict a person under this section, it is more important to prove the intention of the accused to kill the victim rather than proving the act to kill. In other words, to convict a person under Section 308, the attempt to kill the victim must arise out of a specific intention or desire to kill the victim with the knowledge that he may be convicted for culpable homicide not amounting to murder (under sudden rage or provocation). 

According to Section 308 of the IPC, “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”, he shall be charged under Section 308 of the IPC.

The nature of the weapon used, the manner in which it is used, motive for the crime, severity of the blow, the part of the body where injury is inflicted is all taken into consideration to determine the intention of the accused under this section. Therefore, in a case where the accused had a dangerous weapon but he inflicted only minor injuries on the victim showing that he had no intention to kill the victim, the accused will not be convicted under section 308 of the Indian Penal Code. Similarly, where the accused stabs the victim in the stomach near the navel region with a big knife blade, the accused would be liable to be punished for an attempt to culpable homicide. 

However, the nature of the injury is not always the basis to ascertain the intention as a very serious injury need not be caused in an attempt to culpable homicide. In some cases even if the injury is not grave but has been inflicted with an intention to kill a person, it would be enough to convict the accused under section 308 of the Indian Penal Code. Thus, without intention or knowledge of accused of harming the victim being established (with the intention to commit culpable homicide), an offence of attempt to culpable homicide cannot be framed under the Indian Penal Code.

Under section 308, the offence is complete even though the death of the victim does not take place. It will still be a crime under this section when no harm is inflicted upon the victim. But the section implies that the act of the accused must be capable of causing culpabel homicide not amounting to murder. An accused charged under this section cannot be acquitted merely because the injury inflicted on the victim was in the nature of simple hurt.
 

Execution of the Act (Attempt / Action) under Section 308 of the IPC

A mere mal intent to do an act is not enough to hold an individual guilty of a crime. A physical (and voluntary) action must be visible. Thus an attempt to commit the crime must be done in furtherance of the intention in order to hold that action as a crime. For Section 308 to be applied, it is important that the act in the ordinary course should be capable of causing death of another person. 
 

Punishment for Attempt to Culpable Homicide under Section 308 IPC

Section 308 states that anyone accused under this Section will be sentenced to either imprisonment which may extend to three years, fine, or both.

If a person is injured in the attempt to commit culpable homicide, then the offender will be sentenced to imprisonment for a term which may extend to seven years, or fine, or with both. 
 

Difference between (Attempt to) Murder and Culpable Homicide

There is a difference between murder and culpable homicide in the Indian criminal law. The thin line of difference lies in the intention behind the action of the criminal/guilty/accused. If an individual is killed in cold-blood or with proper planning and plotting to kill that person, then it would fall under murder, however, if the victim was killed without any pre-planning and in a sudden fight or due to sudden rage or on being provoked or instigated, then, such criminal/guilty/accused will be charged under culpable homicide Thus, whether the criminal act is a murder, or a culpable homicide, is a question of fact. The intention and action (i.e. facts of the case) decide whether it is murder or culpable homicide. All murders are culpable homicides but all culpable homicides are not murders. This distinction between the two criminal acts was aptly set forth in the case Sarkaria J., in State of A.P. v. R. Punnayya,((1976) 4 SCC 382)

Similarly, the Indian Penal Code lays down different provisions for Attempt to Murder i.e. Section 307 and Attempt to commit Culpable Homicide (not amounting to murder) i.e. Section 308.

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What to do if involved in an Attempt to commit Culpable Homicide case?

A crime as serious as an attempt to commit culpable homicide is a critical case to deal with, either for the accused or the victim. A person charged with an attempt to culpable homicide can face severe penalties if convicted. On the other hand, it is similarly difficult for the prosecutor to prove the charges levied by him/ her. This is why it is important for both the victim and the accused to thoroughly prepare for the case. A person involved in such a case must know all his/her rights before and after arrest. For this purpose, one can take the help of his/her lawyer. One should also prepare a timeline of events and take it down on a piece of paper so that it is easier to brief the lawyer about the case. This will also help the lawyer to formulate a strategy to successfully conduct the trials and convince the court to adjudge in your favour.

Further, it is important to have a fair understanding of the law involved in an attempt to culpable homicide case. One must sit with his/her lawyer and understand the procedure as well as the law governing the case. It is also critical to perform your own research and understand the risks involved and how you can overcome the same.

One must also be aware of the rights of a person if he/she is arrested under Section 308 for an attempt to commit culpable homicide. The rights that are guaranteed by the Constitution of India and even the Code of Criminal Procedure has been stated below:
 

  1. Right to be informed of grounds of arrest which has been made. Section 50(1) of the Code of Criminal Procedure, 1973 (CrPC) and Article 22(1) of the Constitution of India enforce this right.
     

  2. Right to inform the relatives/ friends – Police officer making arrest has to immediately give the information regarding such arrest and the place where the arrested person is being held to any of his/her friends, relatives or such other persons as may be disclosed or nominated by the arrested person, as per Section 50A of Cr.P.C.
     

  3. It is also the duty of the police officer to inform the person arrested of his/her rights.
     

  4. Right to be informed of right to bail as per Section 50(2) of Cr.P.C. The arrested person also has a right to be released on bail, when arrested without warrant for an offence other than a non-cognizable offence.
     

  5. Right to be produced before a magistrate without delay – It is illegal to keep a person in detention for more than 24 hours without the orders of the Magistrate as per Section 56 of Cr.P.C. and Article 22(2) of the Constitution of India. Right of not being detained for more than twenty-four hours is also covered in Section 76 of Cr.P.C.
     

  6. Right to consult a legal practitioner – This right begins from the moment the arrest is made. It is required that the arrested person should contact his lawyer without any delay. This right is also covered under Article 22(1) of the Constitution of India, along with Section 41D of CrPC, and Section 303 of CrPC.
     

  7. Manhandling and Handcuffing – It is illegal to manhandle a person at the time of arrest.
     

  8. Search of arrested person who is female – In case of a women offender only a female police can search another female. The search should be carried out in a decent manner. A male police officer cannot search a female offender. He can however search a woman’s house.
     

  9. Also there exists a right to be examined by a medical practitioner.
     

  10. Arrested person has a right to legal aid and fair trial. Article 39-A states that the government in an effort to secure justice should endeavour to provide free legal aid to people in need.
     

  11. Right to remain silent is also an important right. This has been ensured in CrPC and even the Indian Evidence Act.
     

  12. Right against Handcuffing and Torture.
     

  13. If your personal items are kept by the police, you have a right to receive a receipt for the same so that you can take them later when you are released on bail.
     

If you have been accused in an attempt to commit culpable homicide case and are preparing your version of events with the lawyer, it is important to be aware of the Attorney-client privilege. This means the statements that are made in confidence to the lawyer/advocate are protected. The attorneys are restricted to share this confidential information that the client shares with him/her. Therefore, being honest and open to your attorney’s questions is the best route of mounting a sound legal defense.

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Criminal Trial for an Attempt to commit Culpable Homicide Case

The trial or a criminal court procedure is initiated with the instance of an FIR or a police complaint. The detailed trial procedure has been given below:
 

  1. FIR (First Information Report) / Police complaint: the first step is a Police Complaint or a First Information Report. This is covered under Section 154 of the Code of Criminal Procedure. An FIR puts the entire case into motion. 
     

  2. Investigation and Report by Officer: The second step after the FIR, is investigation by the Investigation Officer. After the examination of the facts and circumstances, collection of evidence, and examination of persons and other necessary steps, the officer completes the investigation and prepares the investigation. 
     

  3. Charge-sheet before Magistrate: The police then files the charge sheet before the magistrate. The charge-sheet consists of all the criminal charges against the accused.
     

  4. Arguments before Court and Framing of Charges: On the fixed date of hearing, the Magistrate hears the parties’ arguments on the charges that have been set and then finally frames the charges. 
     

  5. Plea of guilty: Section 241 of the Code of Criminal Procedure, 1973 talks about the plea of guilty, after framing of the charges the accused is given an opportunity to plead guilty, and the responsibility lies with the judge to ensure that the plea of guilt was voluntarily made. The judge may upon its discretion convict the accused.
     

  6. Evidence by Prosecution: After the framing of the charges and the accused pleading ‘not guilty’, the evidence is first given by the Prosecution, upon whom the burden of proof initially (generally) lies. Both oral and documentary evidence can be produced. The magistrate has the power to issue summons to any person as a witness or order him to produce any document. 
     

  7. Cross Examination of Witnesses by Accused/Counsel: Witnesses of the prosecution when produced before the court are cross examined by the accused or his/her counsel. 
     

  8. Evidence by Accused if any, in defence: If the accused has any evidence, it is presented to the Courts at this stage. He/she is given this opportunity to make his/her case stronger. However, since the burden of proof is on the prosecution i.e. the alleged victim, the accused is not required to present evidence. 
     

  9. Cross Examination of Witness by Prosecution: If witnesses are produced by the defence, they will be cross-examined by the Prosecution. 
     

  10. Conclusion of Evidence: Once the court has been presented with evidence from both sides, the evidence is concluded by the Court/Judge. 
     

  11. Oral / Final Arguments: The final stage, nearing the judgement is the stage of final arguments. Here, both parties take turns (first, the prosecution and then the defence) and make final oral arguments in front of the judge. 
     

  12. Judgement by the Court: Based upon the facts and circumstances of that case, and upon the arguments made and evidence produced, the Court gives its final judgement. The Court gives its reasons in support of the acquittal or conviction of the accused and pronounces its final order. 
     

  13. Acquittal or Conviction: If the accused is held guilty, he/she is convicted and if held ‘not-guilty’, the accused is acquitted in the final judgement. 
     

  14. If Convicted, Hearing on Quantum of Sentence: If the accused is held guilty and convicted, a hearing will take place to decide the quantum or extent of the Sentence or jail time. 
     

  15. Appeal to Higher Courts: An appeal to Higher Courts can be made if the scenario allows it. From Sessions court, an appeal can be made to the High Court and from High Court, to the Supreme Court

 

What to do if involved in a False Attempt to commit Culpable Homicide case?

There may be instances where an individual must have been falsely accused of an attempt to commit culpable homicide under Section 308. In such cases, the accused must talk to his/her lawyer and explain the entire scenario to him/her without even minor alterations as such changes can have a big impact on the case. You should discuss the case thoroughly with the lawyer, even multiple times if you believe that you were not able to make your lawyer understand some of the technicalities involved in the case earlier. You must also do your own research about the case and prepare yourself accordingly for the trials with the help of your lawyer. You should follow your lawyer’s instructions properly and take advice for things even as minor as your appearance in the court.
 

How to get Bail in an Attempt to commit Culpable Homicide case?

Getting bail in a case as serious as an attempt to commit culpable homicide is not an easy task for obvious reasons. The severity of the offence is so much that the crime has been characterised as a non-bailable offence. In order to get bail in such cases, an accused would require very strong reasons. The accused will have to apply for anticipatory bail before the arrest is made if he/she has a reason to believe that they are going to be arrested. The court will consider various essentials such as antecedents of the accused, his status in the society, the motive for the offence, police charge sheet, etc. After considering all the essentials if the reasons favour accused bail will be granted. It is crucial to take assistance from an experienced criminal lawyer in cases like these.
 

What happens if a Criminal Charge is not Dismissed?

Being charged with a crime, whether major or minor, is a serious matter. A person facing criminal charges, such as mentioned under section 308, risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. While some legal matters can be handled alone, a criminal arrest of any nature warrants the legal advice of a qualified criminal defence attorney who can protect your rights and secure the best possible outcome for your case. Thus, it is crucial to have a good criminal lawyer by your side when charged with a crime as serious as mentioned under section 308 who can guide you with case and can help get the charges dismissed.

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Appeal for a Case under Section 308 IPC

An appeal is a procedure by which a judgment or an order of a lower court/subordinate court is challenged before a higher court. An appeal can be filed by either party to the case before the lower court. The individual who is filing or continuing an appeal is called the appellant and the Court where the appeal has been filed is termed as the Appellate Court. A party to a case does not have any inherent right to challenge the judgment/order of a Court before its superior or higher Court. An appeal can be filed only and only if it is specifically allowed by any law and has to be filed in the specified manner in the specified Courts. An appeal should also be filed in a time bound manner.

An appeal can be made in a higher court if there are good grounds for the same. An appeal from the district/magistrate court can be made to Sessions court. From the Sessions court, an appeal can be made to the High Court and from the High Court, to the Supreme Court. Both the wife and the accused can go for appeal if the circumstances so arise.

Any person convicted on a trial held by Sessions judge or an Additional Sessions judge or on a trial held by any other court in which a sentence of imprisonment for more than 7 years has been passed against him or against any other person in the same trial can appeal to the High Court.

 

Why do you need the Help of a Lawyer for a Section 308 case?

If you are filing or defending your case under Section 308 of the Indian Penal Code, you will need the help of a criminal lawyer. A good criminal lawyer is a prerequisite to ensuring that you are guided properly and in the right direction. A lawyer having substantial experience in handling criminal cases can guide you through the court procedure and can help you prepare a solid defence for your case. He can prepare you for cross-examinations and guide you on how to answer the prosecution’s questions. A criminal lawyer is an expert in dealing with criminal cases knows how to tackle a particular case owing to his years of experience. Having a good criminal lawyer by your side you can ensure a successful result in your case in the minimum time possible.
 

Testimonials - Real cases

1. My son was the prime suspect in an attempt to culpable homicide case. He was not charged correctly as my son was merely present at the fight during a brawl but not involved in the fight or even in hitting the others. He was framed with the charges wrongly and the actual offenders vanished from the crime spot. Since my son was arrested at the crime scene, the case against him was extremely strong. Upon his arrest for the crime, I straightaway consulted my criminal lawyer who told me to file a bail application. After 15 months of battling this case in the Court, the decision was taken in our favour and bail was granted to my son. Although the matter is still going on in the Court, but all thanks to our criminal lawyer, we have successfully been able to set forth evidence which could help prove the innocence of my son.”

-Mr. Dhiraj Aggarwal
  

2. My mother was almost killed by her junior at work who beat her up due to a sudden fight in rage because he was not promoted in his job by my mother. In some way, the accused was able to get bail by managing to get false evidence in his favour. Even the police seemed to be on the side of the accused. The magistrate was however able to go to the core of the case and with the help of evidence which also included footage of the CCTV cameras, we were able to prove our side of the case and could manage to get my mother’s work junior jailed rightfully.”

-Ms. Anjali Kumar
 

3. “My relative, after getting into a fight with his neighbour over a parking issue of their respective cars, was charged for an attempt to culpable homicide case. The relative beat him up extremely badly and now his neighbour is fighting for his life in the hospital. I immediately consulted a lawyer who gave me the advice for applying for bail. On his advice, I filed my relative’s bail application. After proper consideration of the case, it seems like the Court is bent towards the neighbour. The case is still pending in the Court, however, it seems that both the parties were at fault as first it was the neighbour who charged at my relative. Though, it is the Court which is the best judge and we have faith in the respected judges and believe that the judgement passed by them will be good.”

-Ms. Shweta Ahuja
 

4. “One night a thief entered our house and started robbing things and also attempted to kill me and my wife on provocation when we caught him stealing. Thankfully we called the police on time and as soon as they arrived, the thief was charged with attempt to culpable homicide and robbery. For almost 3 years, the accused in the case was in custody before he was finally held guilty by the Court for charges of attempt to culpable homicide and robbery. It is only after consulting a lawyer that we could understand the intricate details and other several technicalities that were involved in the case and could thus make a firm case for ourselves in the Court.”

-Mr. Amitej Bhardwaj
 

5. My cousin almost tried to kill our grandfather when he was refused to be given a share in the property in a sudden rage. Upon this, I filed a complaint against my cousin for attempt to culpable homicide and causing grievous hurt. The lawyer I had consulted guided me very nicely in this case and helped me get the rightful sentence for committing the above mentioned crime. I consulted this lawyer from LawRato.com. This case went on for about three years during which period my cousin had been in jail.”

-Mr. Kirpal Gupta

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Important Judgements related to Attempt to Culpable Homicide


1. State vs Vimal Singh


Delhi District Court (Sessions  Court, Delhi) on 28 August, 2017

Sessions Case No. 55865/2016

In this case, the accused was charged under section 308 of the IPC. It was reiterated that to prove an offence under Section 308 of the IPC, the essential ingredients are required to be proved which are:

1) Accused committed an act,

2) the act was committed with the intention or knowledge of committing culpable homicide not amounting to murder

3) The act was committed in such circumstances that if the accused by that act had caused the death of the victim, he would have been guilty of culpable homicide.

The prosecution herein was unable to prove or establish its version by proving circumstantial evidence accurately pointing out towards the guilt of the accused and ruling out any assumption of innocence of the accused, which lead it difficult to hold the facts together forming an even mixture. As a result, the accused became entitled to benefit of doubt and was thus acquitted of the charges u/s 308 of the IPC. 
 

2. Om Prakash v. the State of Punjab (Supreme Court)


Hon’ble Supreme Court stated that to invoke Section 308 of IPC, intention to commit culpable homicide not amounting to murder must be established i.e., it is should be established that if the act had been committed, it would have resulted in culpable homicide and not murder. This can be proved by facts and circumstances of that particular case.
 

3. Ali Zaman v. State 


Supreme Court

AIR 1963 S.C 152

Criminal Appeal No. 121 of 1962, decided on 18/02/1963.

The accused used a revolver but it did not result in anyone’s death. The question that arose here was whether if any of the persons hit with the revolver shots had died, the offence would have been murder.  It was considered by the Hon’ble Court that had it happened that one of the persons shot had died in consequence, the offence would have been culpable homicide not amounting to murder. It was held that the accused was liable for the attempt to commit culpable homicide, but, if the shot had killed any of the persons, the offence would have been a culpable homicide, which is punishable under Section 304 of IPC. 

The conviction of the accused was altered to section 308, P. P. C. and after taking into account all the circumstances, his sentence was reduced to two years' rigorous imprisonment.
 

4. Ajay Singh v. State (Govt. of NCT of Delhi) 


Delhi High Court on on 30 January, 2002

96 (2002) DLT 780

A bus conductor was held guilty under Section 308 because he pushed the injured out of the moving bus. The accused went into appeal against the judgment dated 22nd February 2001 and order dated 24th February 2001 of an Additional Sessions Judge convicting him under Secton 308 IPC and sentencing to undergo rigorous imprisonment for 4 years.

Submissions advanced on behalf of the appellant were repelled by the Hon’ble High Court of Delhi being without any merit. Relying on the statements of PW, it was held that the appellant had been rightly convicted and sentenced under Section 308 of the IPC. It was observed that the serious nature of injuries and the place of fall showed that it was not an accident but a deliberate act.  The appeal of the accused was consequently dismissed. The appellant was made to surrender before the trial court on that day itself to serve out the sentence of imprisonment awarded to him by that court.

FAQ's on IPC Section 308


What offence is defined under IPC 308?

IPC 308 Offence: Attempt to commit culpable homicide.


What is the punishment for IPC 308 Case?

The punishment for IPC 308 is 3 Years or Fine or Both.


Is IPC 308 cognizable offence or non-cognizable offence?

IPC 308 is a Cognizable.


How to file/defend your case for IPC 308 offence?

Use LawRato for filing/defending your case under IPC 308 with the help of best criminal lawyers near you.


Is IPC 308 bailable or non-bailable offence?

IPC 308 is a Non-Bailable offence.


In what court can IPC 308 be tried?

IPC 308 is tried in the court of Court of Session.


Legal Questions Answered by Top Lawyers on IPC 308


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