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

  • Description

    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.


    Applicable Offences

    1. Attempt to commit culpable homicide
    Punishment - 3 Years or Fine or Both
    This is a Non-Bailable, Cognizable offence and triable by Court of Session

    2. If such act causes hurt to Any person
    Punishment - 7 Years or Fine or Both
    This is a Non-Bailable, Cognizable offence and triable by Court of Session

    This offence in NOT compoundable.


    1.If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

    2.If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

    3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.

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