IPC 308 vs BNS 308
● Retained in BNSAttempt to commit culpable homicide
Section 308 of the Indian Penal Code, 1860, deals with attempt to commit culpable homicide not amounting to murder. This provision punishes anyone who intentionally does an act that is likely to cause death, but does not fulfill the conditions of murder, and where the victim survives.
Key points:
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Applies to anyone who attempts to cause death without meeting the criteria for murder under IPC 300.
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Includes acts with intent or knowledge to cause death, even if unsuccessful.
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Punishment: Imprisonment up to 3 years, or fine, or both.
Example: A person hitting another with a weapon intending to cause death, but the victim survives due to timely intervention, falls under IPC 308. This ensures legal accountability for dangerous acts even when murder is not fully committed.
Attempt to commit culpable homicide
Section 308 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 308. It punishes individuals who attempt culpable homicide not amounting to murder, ensuring accountability for acts likely to cause death even if the victim survives.
Key points:
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Covers all acts with intent or knowledge to cause death, not amounting to murder.
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Punishment: Imprisonment up to 3 years, or fine, or both (same as IPC).
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Ensures deterrence against acts endangering life without fulfilling murder criteria.
Example: A person stabbing another intending to cause fatal injury, but the victim survives, is liable under BNS 308. This ensures protection of life and proportional punishment for less severe homicidal attempts.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 308 to BNS BNS 308.