Any act that is carried out with the intent or knowledge to cause death and under conditions that would result in culpable homicide rather than murder. He will be punished with either type of imprisonment for a term that can last up to three years, a fine, or both. If the act injures someone, he will also be punished with either type of imprisonment for a term that can last up to seven years, a fine, or both. According to Section 299 of the Indian Penal Code of 1860, culpable homicide is defined as the act of killing someone with the intent to cause direct death, bodily harm that is likely to result in death, or with actual knowledge that the act would result in death. This violates Section 308 of the IPC 1860. Attempting to commit culpable homicide that did not amount to murder was punishable by up to seven years in prison, a fine, or both, depending on whether any harm was done. If no harm was done, the penalty was reduced to three years in prison, a fine, or both. The court of sessions has jurisdiction over the offence described in this section and has no power to compound it.
A person is considered to have committed a crime under this section if they act in a way that would constitute culpable homicide under the definition of murder as stated in Exceptions 1 through 5 to Section 300 of the Indian Penal Code if they caused death as a result. This clause must be invoked with proof of an intended culpable homicide that does not constitute murdeWhen a crime is attempted, it is part of a series of events that, if they were not stopped, would have resulted in the crime’s actual commission. The attempt at culpable homicide must therefore be the crime, not murder. This can only be established by demonstrating the facts and circumstances that would support the conclusion that had the conduct actually been committed; it would have amounted to culpable homicide rather than murder. Due to the seriousness of the crime, Section 308 of the IPC was specifically created to deal with attempts to commit culpable murder rather than Section 511 of the IPC, which deals with all attempts to commit crimes that carry a jail sentence. It was decided that the accused was responsible for the attempt to commit culpable homicide in cases where the handgun used by the accursed party did not cause the death of any members of the complainant’s side. However, if someone had been killed as a result of the shot, the crime would have been culpable murder (Ali Zaman v. State, AIR 1963 SC 152), which is punishable under section 304 of the IPC.r.
INGREDIENTS OF CULPABLE HOMICIDE
1-Intention to cause death
2-Culpable homicide not attempting to murder
3-Nature of an act
4-Having sound knowledge of the offens
5-Execution of an act similar to causing death.
What to do if you’re found guilty of trying to commit culpable homicide?
An attempt at culpable homicide is a serious felony that can have serious repercussions for both the accused and the victim. If found guilty, a person could be sentenced to life in prison if found guilty of the offence. Both the victim and the accused must complete the case preparation process, even though it is difficult for the procurator to establish the vehement accusations. In a case of culpable homicide, a person must be aware of all of his rights both before and after being detained. A person may seek the assistance of a legal professional to present the case in the right manner. The individual should make a timeline and record all the events so that briefing the attorney on the case is simpler. This procedure will assist the attorney in formulating a strategy, successfully conducting the trial, and persuading the court to grant verdicts in the party’s favor.
How to get a bail under Section 308 of the IPC?
The seriousness of an infraction under section 308 IPC makes it non-bailable, making it difficult to get bail in cases involving attempts at culpable homicide. He can ask for anticipatory bail before the arrest is made when he has a reason to believe that they would be arrested. An offender would need to present very strong defences and reasons to secure bail in such circumstances. The court takes into account a number of factors regarding the perpetrator, including his history, status or place in society, his motivation for committing the crime, police charge sheets, etc. Bail may be granted if the court decides to support the accused after reviewing all the ingredients. It is essential in this circumstance to seek counsel and assistance from an experienced criminal practitioner.
CONCLUSION
A conclusion that may be drawn from examining section 308 of the Indian Penal Code 1890 is that, in addition to committing a specific act, making an attempt to do so is also punishable. Intent, knowledge, and preparation are necessary aspects for the court to classify an attempt at culpable murder as a crime and make an appropriate ruling. When these elements are present, the attempt is punished.
For instance, if a man attempts to threaten someone else with a fake gun, no crime is committed because the threat lacked the essential preparations or tools.
A significant and immediate provocation causes X to fire a handgun at Y in such a way that, should he succeed in killing Y, he would be guilty of culpable homicide, which is not the same as murder. X has broken the rules set forth in this section.
For instance, A might shoot E after C’s statements triggered his rage. If E perishes, A will be held accountable for culpable homicide. A will be found guilty of attempting to commit culpable homicide in accordance with this provision if E does not pass away.
Bishan Singh & Anr Vs The State 2007 Insc 1015
There were only 2 survivors out of the original party of 6, therefore Govind Ballabh and Bishan Singh were found guilty under Sections 147 and 308/149 of the IPC. In order to save the plaintiff, his brother, Ghanyashyam, interfered, and as a result, Harish Bhatt did not die but did sustain serious injuries. The plaintiff, Harish Bhatt, had been viciously attacked with lathis by the perpetrators, who had also stolen his money. Section 308 of the Indian Penal Code of 1860 is where this specific case was documented.
REFERENCES:
MAKENT, “IPC Section 308 – Attempt to Commit Culpable Homicide | Indian Kanoon” (Lawtendo.com) <https://www.lawtendo.com/indian-kanoon/ipc/section-308> accessed November 1, 2022
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