Indian Penal Code, 1860
Section 308
repealedAttempt to commit culpable homicide
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.
Why this exists
This section is the lesser counterpart to Section 307, covering attempts that would have amounted to the less severe offence of culpable homicide not amounting to murder, such as killings done in sudden anger, grave provocation, or without full premeditation. It ensures that failed attempts at these lesser degrees of unlawful killing are still punished, but proportionately less harshly than attempted murder. Under the Bharatiya Nyaya Sanhita, 2023, the equivalent provision is Section 110.
How courts read it
Courts distinguish this section from Section 307 by examining whether the circumstances, such as grave and sudden provocation, would have reduced a completed killing to culpable homicide not amounting to murder rather than murder; the exceptions to murder under Section 300 IPC are relevant in this analysis.
Common misconceptions
- Myth: This section and attempt to murder (Section 307) are the same thing.
Fact: This section applies to attempts that would only amount to culpable homicide, not murder, if death had resulted, and carries a lighter punishment.