IPC Section 308: Attempt to commit culpable homicide

Indian Penal Code, 1860 · Chapter 16: Offences affecting the Human Body

Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).

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 amount 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.

Illustration

A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section.

CLASSIFICATION OF OFFENCE

Para I

Punishment-Imprisonment for 3 years, or fine, or both-Cognizable-Non-bailable-Triable by Court of Session-Non-compoundable.

Para II

Punishment-Imprisonment for 7 years, or fine, or both Cognizable-Non-bailable-Triable by Court of Session-Non-compoundable.

Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.

Other sections in this chapter