IPC Section 308 — Attempt to commit culpable homicide

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.

Related Judgments

• SC (1952) Vol.1 p.435 — Supreme Court of India (1952)
• ... Petitioner/Accused vs State by, — Madras High Court (2016)
• SC (1996) Vol.1 p.347 — Supreme Court of India (1996)
• VENKATA SUJATHA v. LAND REFORMS TRIBUNAL AND ANR. OCTOBER 17, 2000 — Supreme Court of India (S)
• SALMAN & ORS v. STATE & ANR — High Court of Delhi (2021)
• .. Appellant vs State rep. By — Madras High Court (2011)
• OM PARKASH v. THE STATE OF PUNJAB — Supreme Court of India (1962)
• CRL A(MD)/376/2017 — Madras High Court ()

Old <-> New Code Mapping

• BNS §110 — Attempt to commit culpable homicide