Section 308 IPC: Attempt to commit culpable homicide

Indian Penal Code, 1860

Section 308 IPC at a Glance

Section 308 IPC deals with attempt to commit culpable homicide. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 110 BNS.

Punishment

Imprisonment of either description for up to three years; if hurt is caused to any person by such act, imprisonment of either description for up to seven years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

BNS Equivalent

Section 110 →

Section 308 IPC Bare Act Text

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.

Source: Section 308, Indian Penal Code, 1860

Section 308 IPC in Simple Words

Section 308 of the Indian Penal Code (IPC) punishes 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, is punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Where hurt is caused to any person by such act, the term extends to imprisonment of either description for up to seven years, or fine, or both. The offence is cognizable and non-bailable, and it is triable by the Court of Session.

Ingredients of Section 308 IPC

The accused did an act towards another person
The act was done with such intention or knowledge, and under such circumstances that, if death had been caused, the accused would be guilty of culpable homicide not amounting to murder
Death did not ensue from the act
Where hurt is caused to any person by such act, the higher punishment of up to seven years applies

Punishment Under Section 308 IPC

Imprisonment

Imprisonment of either description for up to three years; if hurt is caused to any person by such act, imprisonment of either description for up to seven years.

Fine

The offender may be punished with fine alone or with both imprisonment and fine in both tiers.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Attempt to commit culpable homicide carries imprisonment of either description for up to three years, or fine, or both. Where hurt is caused to any person, the term extends to seven years, or fine, or both. It is cognizable and non-bailable, triable by the Court of Session.

Example of Section 308 IPC

In 2018 in Nagpur, Tarun subjected Deepak to grave and sudden provocation during a heated confrontation at a warehouse. Deprived of self-control by that provocation, Deepak swung a heavy iron bar at Tarun's head, knowing that the blow was likely to cause death. Tarun ducked in time, so the bar struck his shoulder, causing hurt instead of death. Because Deepak acted under grave and sudden provocation, had Tarun died from the blow, Deepak would have been guilty of culpable homicide not amounting to murder. Deepak is punishable under Section 308 IPC.

When Section 308 IPC Does Not Apply

The person acted without the intention or knowledge required for culpable homicide not amounting to murder if death had resulted.
The conduct stopped at mere preparation and no overt act was committed towards causing death.
The victim actually died as a result of the act, bringing the case under the completed offence of culpable homicide or murder rather than Section 308 IPC.
The circumstances of the act were such that, had the victim died, the offence would have amounted to murder under Section 307 IPC rather than culpable homicide not amounting to murder.

Section 308 IPC in the BNS

Section 308 IPC is now covered under Section 110 BNS.

Section 308 IPC is now Section 110 BNS, with the same title, the same words and the same punishment.

View detailed comparison (IPC 308 vs BNS 110) →

FAQs on Section 308 IPC

What does Section 308 IPC provide?▼

It punishes doing any act with such intention or knowledge and under such circumstances that, if death had been caused, the offender would be guilty of culpable homicide not amounting to murder.

What is the punishment for attempt to commit culpable homicide under Section 308 IPC?▼

Imprisonment of either description for a term which may extend to three years, or with fine, or with both.

What punishment applies under Section 308 IPC if hurt is caused?▼

Imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Can fine alone be imposed under Section 308 IPC?▼

Yes. The court may impose fine alone, or imprisonment, or both, in both the base tier and the hurt tier.

How does Section 308 IPC differ from Section 307 IPC?▼

Section 307 IPC applies where the act would amount to murder if death ensued, while Section 308 IPC applies where the act would amount to culpable homicide not amounting to murder.

Is an offence under Section 308 IPC cognizable and bailable?▼

It is cognizable and non-bailable under the First Schedule to the Code of Criminal Procedure.

Which court tries an offence under Section 308 IPC?▼

The Court of Session.

Can an offence under Section 308 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 308 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 110 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 17 Oct 2026 ·