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. 

Essentials of Culpable Homicide:

  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. 


 

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 ter, 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. 
 

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.
 

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 characterized 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.
 

Attempt to Commit a Crime under Indian Criminal Law

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. 

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. 
 

You will need the Help of a Lawyer

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 defense 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.
 

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 defense 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 307 who can guide you with case and can help get the charges dismissed.

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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