Unlocking the Power of IPC Section 308: The Thin Line Between Intent and Consequence

Introduction

IPC Section 308, titled "Attempt to commit culpable homicide," is a provision under the Indian Penal Code (IPC) that deals with cases where an individual attempt to cause the death of another person but falls short of completing the act of culpable homicide. This section is closely related to IPC Section 307, which deals with the offense of attempting to murder. Section 308 is generally applied in situations where the accused's actions, although intended to cause death, do not result in fatal injuries to the victim.

Here is the text of IPC Section 308

"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."

Scope of Section 308 IPC

Section 308 of the Indian Penal Code deals with the offense of attempting culpable homicide. It comes into play when an individual acts with the intention or knowledge that their actions, if causing death, would constitute culpable homicide not amounting to murder. An attempt to commit a crime is charged when one takes substantial steps towards its commission but fails due to various reasons.

Nature of Offense under Section 308 IPC

Section 308 prescribes two distinct penalties, contingent on whether any harm results from the attempt. If no harm is inflicted, the maximum sentence is three years in prison. However, if harm is caused, the offender faces a maximum sentence of seven years behind bars.

Punishment for Section 308 IPC

The offense under Section 308 is characterized by several legal aspects:

• Cognizable

  This is a serious offense, which, by law, obligates the police to register and investigate. It grants authorities the power to arrest without a warrant.
  
  

• Triable by Session Court

  The Court of Session does not possess direct jurisdiction over these cases. Instead, if the cases fall within the category exclusively triable by the session court, the Magistrate refers them to the Court of Session as per Section 209 of the Code of Criminal Procedure, 1973. It's important to note that the Sessions Court only handles cases involving serious offenses and those specifically designated for its jurisdiction.
  
  

• Non-Bailable

  This designation empowers a magistrate to deny bail and detain the accused in court or police custody upon receiving a complaint under Section 308. Non-bailable offenses are considered grave crimes where bail is not a routine option.
  
  

• Non-Compoundable

  A non-compoundable case cannot be withdrawn by the complainant at any point. This means that parties cannot mutually settle the matter, with the complainant dropping charges against the accused, even if they both agree to do so.

Key points to note regarding IPC Section 308

1. Intention and Knowledge

   To be charged under this section, the accused must have the intention to cause death or knowledge that their actions could result in death.
   
   

2. Circumstances

   The section also considers the circumstances in which the act is committed. If the act, if completed, would have amounted to culpable homicide not amounting to murder, then this section applies.
   
   

3. Punishment

   The punishment under this section can vary depending on whether the act resulted in hurt to any person. If hurt is caused, the maximum punishment is seven years of imprisonment. Otherwise, it is three years or a fine or both.
   
   

4. Attempted Crime

   Section 308 specifically deals with attempted culpable homicide and not the completed offense itself.
   
   

5. Distinction from Section 307

   IPC Section 307 deals with the attempt to murder, which involves a more serious intent to cause the death of another person. Section 308 is invoked when the intent to cause death is present, but the result is not fatal.
   
   

Conclusion

IPC Section 308 is a pivotal provision in the Indian Penal Code, addressing attempts to commit culpable homicide. This non-bailable offense underscores the gravity of such attempts. However, it also allows for exceptions when the court deems it necessary to prioritize reconciliation and peace. Its effectiveness relies on its application and interpretation within the legal system, emphasizing the core principles of justice and accountability. IPC Section 308 aims to maintain the delicate balance between preserving justice and promoting a safer, more harmonious society. If you want to know more about this section, contact a lawyer or criminal lawyer near you. If you are searching on the internet, then type “lawyer near me” to get good results. Also, if you are resident of Kolkata, then you must consult a criminal lawyer in Kolkata.

FAQs

1. Is IPC 308 bailable?

   Obtaining bail in a case involving an attempt to commit culpable murder is inherently challenging due to the grave nature of the offense. Given the severity of the crime, it has been categorized as a non-bailable offense.
   
   

2. How do you quash a 308 IPC?

   The offense prescribed by Section 308 of the IPC is not compoundable due to its grave nature. Nonetheless, in exceptional circumstances where the Court deems that prolonging the criminal proceedings would serve no purpose and that justice requires resolving the dispute between the parties and restoring peace,