What is IPC Section 308 ?
IPC Section 308 pertains to attempting to cause culpable homicide, a serious offense under the Indian Penal Code. If someone intentionally does something, knowing that it might cause death but not amount to murder, they could be charged under this section. The punishment for such an act may include imprisonment for up to three years, a fine, or both. This law highlights the severity of attempting actions that could lead to loss of life but fall short of murder.

Nature of Offense:
- PC Section 308 deals with the attempt to commit culpable homicide not amounting to murder.
- This means the accused engages in actions that, if carried out successfully, would result in the death of another person but without meeting the criteria for murder.
Definition of Culpable Homicide:
- In the context of IPC Section 308, culpable homicide entails causing the death of a person.
- Distinct from murder, culpable homicide lacks specific elements or conditions that would qualify it as a murder offense under legal standards.
Attempted Act:
- IPC Section 308 is invoked when an individual intentionally performs actions aimed at causing the death of another person.
- This recognition of intent underscores the gravity of the act, emphasizing that the legal consequences are tied to the deliberate attempt, irrespective of the final outcome.
Degree of Intention:
- Section 308 of the Indian Penal Code (IPC) mandates that the accused must harbor the intention to cause death.
- Notably, this section doesn’t require the specific intent to commit murder; rather, it emphasizes the seriousness of the act itself over premeditated murder intent.
Intent for Death:
Legal Framework and Intent:
- The legal system recognizes diverse levels of criminal intent, customizing its response based on the unique characteristics of each offense.
- The accused’s intention holds paramount importance in legal proceedings under Section 308, underscoring the pivotal role of intent in defining the nature of the offense.
IPC 308 Punishment:
- Punishment: The prescribed punishment for such cases may involve imprisonment for a term that can extend up to three years.
- Fine: In addition to imprisonment, the court has the authority to impose further penalties.
- Combined Penalties:
- The court has the discretion to impose a combination of both imprisonment and a fine.
- This combined approach ensures a proportional and multifaceted response to the seriousness of attempting culpable homicide.
- Legal Recognition:
- These legal provisions highlight the seriousness with which attempts to cause harm, falling short of the crime of murder, are treated by the legal system.
- The penalties aim to deter individuals from engaging in acts that could lead to harm and demonstrate the legal system’s commitment to addressing such offenses effectively.
- These additional penalties may include a monetary fine, providing a means of financial accountability for the accused.

Difference between IPC Section 307 vs IPC Section 308
What is mean | IPC Section 307 (Attempt to Murder) | IPC Section 308 (Attempted Culpable Homicide) |
Nature of Intent | Requires intention to cause the specific crime of murder. | Requires intention to cause death but not specific murder intent. |
Degree of Intention | Higher degree of intention. | Focuses on the gravity of the act rather than specific murder intent. |
Legal Consequences | Carries severe legal consequences with a higher potential term of imprisonment. | Prescribes a comparatively less severe punishment, with a maximum term of imprisonment up to three years. |
Intent for Death | Intent directed toward causing the death with specific murder intent. | Pertains to an attempt to commit culpable homicide, a less severe offense than murder. |
Categorization of Offense | Involves the attempt to commit the heinous crime of murder. | Pertains to an attempt to commit culpable homicide, a less severe offense than murder. |
IPC 308 bailable or not
generally considered non-bailable under the Code of Criminal Procedure. Since the maximum punishment prescribed is imprisonment for a term that may extend to three years or a fine or both, it falls under the category of non-bailable offenses, unless exceptional circumstances warrant the court to grant bail.
IPC 308 FAQs
What is the definition of the offense under IPC 308?
IPC 308 deals with the attempt to commit culpable homicide not amounting to murder. It covers situations where an individual takes steps to cause the death of another person, but the intended act of culpable homicide does not result in the victim’s death, either due to circumstances beyond their control or by chance.
What is the difference between IPC 308 and IPC 307 (Attempt to Murder)?
The key distinction lies in the intention behind the act. IPC 307 deals with attempts to commit murder, where the accused had a clear intention to cause death. In contrast, IPC 308 covers attempts to cause death through culpable acts or omissions, but without the specific intent to kill.
What is the punishment prescribed under IPC 308?
The punishment for an offense under IPC 308 is imprisonment for a term that may extend to three years, or a fine, or both. The court has the discretion to determine the appropriate sentence based on the specifics of the case and the circumstances surrounding the attempt.
Is the offense under IPC 308 bailable?
IPC 308 is generally considered a non-bailable offense under the Code of Criminal Procedure. Since the maximum punishment prescribed is imprisonment for up to three years, it falls under the category of non-bailable offenses, unless exceptional circumstances warrant the court to grant bail.
What is the burden of proof in cases under IPC 308?
In cases under IPC 308, the burden of proof lies with the prosecution. They must establish beyond reasonable doubt that the accused took steps to commit the act of culpable homicide not amounting to murder, even though the intended act did not result in the victim’s death.
Are there any exceptions or mitigating factors for IPC 308?
The Indian Penal Code provides for certain exceptions and mitigating factors that may reduce the severity of the punishment or lead to acquittal in cases of attempted culpable homicide not amounting to murder. These include acting in self-defense, causing the attempt by accident or misfortune, and acting without premeditation in a sudden fight.
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