Section 307 and 308 of IPC, Erwin Thomas Wilson@LexisCliq

Culpable homicide and murder are defined in Section 299 and Section 300 of the Indian Penal Code respectively. There is a very thin line between the two offences.
Furthermore, an attempt to commit the same is also an offence under the Indian Penal Code. Their attempts are respectively defined under Section 307 and 308. Under both the Section a lot of weightage has been given to the intention and knowledge to commit such offence and both the Sections requires a proper analysis while convicting any person under this.

Meaning of Attempt

Section 511 of the Indian Penal Code talks about the punishments relating to an attempt to commit any offense but it does not define the term “Attempt”.
If the crime is impossible to commit, then it will not be considered as an offence. This is with the exception that, instigating or manipulating someone in order to make him commit the crime is not an offence.
It is an offence in the attempt to commit a crime.

Section 307

Section 307 of the Indian Penal Code addresses an attempt to commit murder.
Whoever does the act with guilty intention or knowledge, and the person knows that the act is likely to cause death or has a knowledge that by the act or injury the result will be death, only then he would be held guilty of murder.
For example- Mr. T is planning to murder Mr. P. He collects some toxic chemicals with the intention to mix it in Mr. P’s food.

Ingredients of this offence :

  • The nature of the act done.
  • Intention or knowledge of committing an offence.
  • The performing or executing of an offence towards it.
  • The act in the ordinary course of nature will cause death.

Punishment under Section 307 of IPC

Imprisonment may extend to ten years. The offender might also be liable to pay a fine.
In an attempt to commit murder, if it results in injury to any person, then the offender shall be imprisoned for a time period that may vary from 10 years to life imprisonment. It may also be accompanied by any amount of penalty.
If any person is already convicted for life imprisonment, hurts someone again with the intent to commit murder, then he will be punished with the death penalty.

Section 308

Section 308 of the Indian Penal Code talks about the attempt to commit culpable homicide. Whoever does any act with intention or knowledge, that by such an act he is likely to cause death, he would be held guilty of culpable homicide.
For example- P shoots D as he got provoked by the words of D. If D dies, then P will be held for culpable homicide. Whereas If D does not die then P will be held guilty for an attempt to commit culpable homicide under this section.

Ingredients of this offence:

  • Nature of an act.
  • Intention or knowledge of the offence.
  • Likely to cause death.
  • Executing their act or performing their act towards it.
  • Culpable homicide not amounting to murder.

Punishment under Section 308 of IPC

Section 308 states that anyone accused under this Section will be sentenced to either imprisonment which may extend to three years, fine, or both.
If a person is injured in the attempt to commit culpable homicide, then the offender will be sentenced to imprisonment for a term which may extend to seven years, or fine, or with both.

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