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IPC Section 308 - Attempt to commit culpable homicide


Last Updated: 01 Nov, 2026
By Advocate Chikirsha Mohanty


As per new Indian Criminal law, IPC Section 308 has been replaced with BNS Section 110 with effect from July 1, 2024.

Please refer to BNS 110 for updated procedures & punishments.

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.

 


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Attempt to commit culpable homicide

Section 308 IPC

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



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Frequently Asked Questions


What is judgment on Section 308 IPC?

The Bench also referred back to the case of Raju @ Rajpal et al. vs. State of Delhi (2014 (3) JCC 1894) where the Court changed the conviction to Section 323/34 IPC, holding that injuries were simple and not caused in the knowledge or with the intent to cause death. 10 Oct 2023


What is Section 304 and 308?

Section 304 of the IPC provides punishment for culpable homicide that does not amount to murder. Section 308 deals with punishment for attempts. Sections 307 & 308 IPC both have the same nature as they penalize attempts of crimes.


What is the difference between Section 307 and 308?

It is noted that IPC section 307 refers to attempted murder, whereas IPC section 308 is for attempted culpable homicide. The IPC sections should be mentioned as per the statement you made to the police and the opinion of your doctor in the FIR/Criminal Case. 13 Jun 2023


What is the IPC for homicide?

What is the IPC definition of homicide