Section 308. Attempt to commit culpable homicide
The Indian Penal Code is the official criminal code of the Republic of India. It is a complete code covering all aspects of criminal law.
It took effect in 1862 in all British presidencies, although it did not apply to princely states, which had their own courts and legal systems.
The first draft of the Indian Penal Code was prepared by the First Law Commission chaired by Thomas Babington Macaulay. The project was based on a simple codification of English law, while borrowing elements from the Napoleonic Code and Louisiana Civil Code of 1825.
The first draft of the Code was presented to the Governor-General at a council in 1837, but subsequent revisions and amendments took another two decades. A complete draft of the code was made in 1850 and presented to the Legislative Council in 1856. Its inclusion in the laws of British India was delayed due to the Indian revolt of 1857.
The Code entered into force on January 1, 1860 after it underwent many changes and additions made by Barnes Peacock, who later became the first Chief Justice of the Supreme Court of Calcutta.
Before the arrival of the British, the prevailing criminal law in India was, for the most part, Muslim law. During the first few years of its reign, the East India Company did not intervene in the country's criminal law, and although in 1772, during the reign of Warren Hastings, the Company did first intervene, and from that time until 1861, from time to time. from time to time the British government made changes to Muslim law, but until 1862, when the Indian Penal Code came into force, Muslim law was undoubtedly the basis of criminal law, with the exception of presidential cities. The era of the application of Muslim criminal law in India lasted a significant period and even gave many terms for the dictionary of Indian law.
The IPC in various sections defines specific crimes and provides for punishment for them. It is divided into 23 chapters with 511 sections.
Section 308 in The Indian Penal Code
308. Attempt 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. 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.
Attempt to Commit Culpable Homicide: Section 308 Explained
Section 308 provides that any person who commits any act with intent or knowledge, and under such circumstances, that if he / she caused death as a result of that act, he / she would be guilty of a criminal murder other than murder should be punished by imprisonment of any description. for a period that can be extended up to three years, with a fine or both. If harm is caused as a result of such an attempt, he / she shall be punished by imprisonment of any kind for a term which may be extended to seven years, or a fine, or both.
Section 308 applies to attempted murder (not tantamount to murder). It was not just the beginning or beginning of the commission of a criminal murder that took place here, but something less than the execution of an intentional crime in general. In order to obtain the punishment of an accused under this Section, the Court must satisfy itself that he / she has attempted to cause a guilty murder (and not murder), that is, if the accused succeeded in his / her desired behavior or took action, he / she would have caused criminal murder, not murder. The court must be sure of such an action with the help of convincing evidence.
In accordance with Article 308, two types of punishments were established, depending on whether damage was caused during the attempt or not. If no harm is done, the offender is liable to imprisonment for up to 3 years, and if harm is done, he / she is liable to imprisonment for up to 7 years.
The Section 308 offense is recognizable, non-bail, uncomplicated and subject to hearing in the sessional courts.
Essential Ingredients for an Attempted Murder Under Section 308
Basis for proving a crime under Section 308 (Attempted Murder) of the Indian Penal Code:
1. The nature of the act. An attempt to perform an action must be of such a nature that, if not prevented or stopped, it would lead to the death of the victim.
2. Intention or knowledge of the commission of a crime. The intent to kill must be clearly demonstrated beyond reasonable doubt. To prove this, the prosecution can use circumstances such as an attack with a dangerous weapon on vital parts of the victim's body, but intent to kill cannot be measured simply by the severity of the injury inflicted on the victim. A person attempting to commit a criminal murder does so with intent or with the knowledge that if his act results in death, he will be guilty if criminal murder does not amount to murder.
3. Commitment or execution of a crime: The intent and knowledge leading to an attempted murder on the part of the accused must also be proven to be convicted in accordance with section.
4. The actions of the offender in a normal course will result in death.
The main foundations for proving the crime of criminal homicide under the Indian Penal Code are:
1. Whoever causes death or personal injury that may result in death: For this Section, death belongs to a person and does not include the death of an unborn child. However, it is not necessary that the person whose cause of death was the same person whose death was intentional.
2. Taking action. Actus reus is an important concept in criminal law. This means that the perpetrator had to act in the name of his intent to cause harm (in this case, death). Thus, an action can be an action, that is, an external behavior of the offender or his inaction.
3. Intent to inflict death: Intent refers to the expectation of the consequences of the offender's act or omission. Thus, the intent to cause death or such personal injury (or knowledge) that such injury could result in death is an important aspect for the conviction of the accused of a criminal murder.
The punishment for criminal murder that is equal to murder and for criminal murder not equal to murder is provided for by the Indian Penal Code.