IPC Section 308 — Attempt to commit culpable homicide

offences affecting the human body

Criminal

Punishment

Imprisonment up to 3 years, or fine, or both

As the section puts it: “shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both”

Summary

If a person does something with the intention or knowledge that, if it caused death, it would be considered culpable homicide but not murder, that person can be punished with up to three years in prison, a fine, or both. If the act actually causes hurt to someone, the punishment increases to up to seven years in prison, a fine, or both.

Official Text

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.

Old <-> New Code Mapping

  • BNS §110 — Attempt to commit culpable homicide