Section Overview
Section Number:
IPC Section 308
Section Title:
Attempt to Commit Culpable Homicide
Act:
Indian Penal Code, 1860 (IPC)
Status:
Substantially retained under Bharatiya Nyaya Sanhita (BNS), 2023 with corresponding provisions relating to attempt to commit culpable homicide.
Applicability:
IPC Section 308 applies when:
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A person performs an act with intention or knowledge likely to cause death;
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The act amounts to an attempt to commit culpable homicide;
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Death does not actually occur;
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Circumstances are such that if death had occurred, the offence would have been culpable homicide not amounting to murder.
This section is considered less serious than IPC Section 307 (Attempt to Murder).
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 308 ka simple matlab hai ki agar koi vyakti aisa dangerous act karta hai jisse kisi ki death ho sakti thi, lekin death nahi hoti, aur act murder level ka nahi tha, to Section 308 lag sakta hai.
Simple words mein:
"Kisi ko marne ki nahi, lekin dangerous injury dene ki koshish jisse death ho sakti thi."
Legal Definition (Original Law Text)
IPC Section 308 states:
“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.”
Practical Interpretation
Courts examine:
Intention
Whether the accused intended to cause serious injury likely to cause death.
Knowledge
Whether the accused knew death might result.
Nature of Act
The act must go beyond preparation and become an actual attempt.
Surrounding Circumstances
The court determines whether death, if caused, would have amounted to culpable homicide rather than murder.
Essential Ingredients of IPC Section 308
An Overt Act
The accused must commit a direct act.
Intention or Knowledge
There must be intention or knowledge relating to likely death.
No Death Occurs
Victim survives.
Culpable Homicide Standard
If death had occurred, offence would fall under Section 299 rather than Section 300.
Difference Between IPC Sections 307 and 308
IPC Section 307
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Attempt to murder.
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Strong intention to kill.
IPC Section 308
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Attempt to commit culpable homicide.
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Lesser degree of intention or knowledge.
👉 Section 307 is more serious than Section 308.
Why IPC Section 308 Was Introduced?
The legislature intended to:
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Punish dangerous acts that nearly cause death;
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Differentiate between murder attempts and lesser homicide attempts;
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Ensure proportional punishment.
Importance of the Provision
IPC Section 308:
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Protects human life;
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Punishes dangerous conduct;
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Maintains proportionality in criminal punishment;
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Prevents escalation of violent behavior.
Punishment & Legal Classification
Punishment
If no hurt is caused:
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Imprisonment up to 3 years; OR
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Fine; OR
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Both.
If hurt is caused:
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Imprisonment up to 7 years; OR
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Fine; OR
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Both.
Bailable / Non-Bailable
Generally Non-Bailable.
Cognizable / Non-Cognizable
Cognizable.
Compoundable
Generally Non-Compoundable.
Triable By
Sessions Court or Magistrate of First Class depending upon facts and gravity.
IPC ↔ BNS Mapping
IPC Section
IPC Section 308
BNS Equivalent
BNS contains corresponding provisions dealing with:
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Attempt to commit culpable homicide;
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Serious bodily harm likely to cause death.
Status
Concept retained under BNS.
Real-Life Examples
Example 1: Sudden Fight
A person strikes another with a heavy object during a sudden quarrel, causing serious injuries but not death.
Section 308 may apply.
Example 2: Dangerous Assault
An accused pushes someone from a height knowing serious injury may occur, but the victim survives.
Attempt to commit culpable homicide may be established.
Example 3: Violent Group Clash
During a group fight, a participant inflicts dangerous injuries likely to cause death, but the victim survives.
Section 308 may be attracted.
Landmark Judgments
Case Name:
Hari Kishan v. Sukhbir Singh
Court:
Supreme Court of India
Key Takeaway:
Nature of intention and surrounding circumstances determine applicability of Section 308.
Case Name:
State of M.P. v. Saleem
Court:
Supreme Court of India
Key Takeaway:
The court emphasized distinction between Sections 307 and 308 based on mental element.
Case Name:
Virsa Singh v. State of Punjab
Court:
Supreme Court of India
Key Takeaway:
Clarified principles relating to homicide offences and intention.
Legal Insights
When Is This Section Applied?
IPC Section 308 is applied when:
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Serious assault occurs;
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Death could have occurred;
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Victim survives;
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Intention does not rise to murder level.
Common Misuse Scenarios
Simple Injury Cases
Minor injuries wrongly portrayed as Section 308 offences.
Property Disputes
Serious criminal provisions invoked to increase pressure.
Family Conflicts
Ordinary disputes exaggerated into homicide attempts.
Wrong Classification
Cases better suited for hurt offences charged under Section 308.
Defenses Available
Lack of Intention
No intention to cause death or dangerous injury.
Lack of Knowledge
Accused could not reasonably foresee death.
Self-Defence
Act was committed in lawful defence.
Accident
Injury occurred accidentally.
False Implication
Accused wrongly identified or implicated.