IPC Section 308
Text of IPC Section 308 (Simplified)
"Whoever does any act with the intention or knowledge that it is likely to cause death, and in committing the act causes hurt to any person, shall be punished as an attempt to commit culpable homicide."
Key Elements of Section 308
Who can commit this offence?
Any person. There is no restriction.
Intent or knowledge:
The offender must act with the intention to cause death or with knowledge that their act is likely to cause death.
This is crucial: mere negligence or rashness is not enough.
Act must cause hurt:
The act must cause actual hurt to some person.
If no hurt occurs, other sections like 307 (attempt to murder) or general attempt provisions may apply.
Attempt to commit culpable homicide:
This section punishes the attempt, not the successful killing.
It covers situations where death does not occur but there was a clear intent or likelihood.
Punishment
Imprisonment: Up to 3 years, or
Fine, or
Both, depending on severity and circumstances.
Example
A person stabs someone intending to kill them, but the victim survives.
This falls under Section 308 (attempt to commit culpable homicide).
Someone shoots at another person with the intention of killing, but only injures them.
Section 308 applies because there was intent to cause death and actual hurt.
Summary:
IPC Section 308 punishes any act done with intent or knowledge likely to cause death, resulting in hurt, even if the victim does not die.
Key points: intent/knowledge, actual hurt, unsuccessful attempt.
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