Section 308 of the Indian Penal Code (IPC) is a vital provision in India’s criminal law framework. This section deals specifically with acts that are carried out with the intention or knowledge that, if such acts caused death, the offender would be guilty of culpable homicide not amounting to murder. In the Hindi legal system and public consciousness, “धारा 308” is often referenced in cases involving attempts on life, yet falling short of actual murder. As legal awareness grows among citizens, especially with the increasing availability of information in Hindi, understanding the nuances, punishments, and practical court interpretations of 308 IPC has become more important than ever.
Section 308 IPC addresses attempts to commit culpable homicide, which means an act done with such intention or knowledge, and under such circumstances, that if the act had caused death, the offender would have been guilty of culpable homicide not amounting to murder. The critical element is “attempt,” where the outcome is less severe than murder but the intention or knowledge behind the act is significant.
The text of Section 308 reads as follows:
“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, the offender shall be punished…”
Legal scholars emphasize that the intention or knowledge of the accused, and the surrounding circumstances, are critical in determining the application of this section. For example, in cases of violent altercations where someone sustains serious injuries but survives, 308 IPC may be invoked rather than attempted murder under Section 307 if there is a lack of clear, direct intent to kill.
With nearly half of India’s population proficient in Hindi, awareness of 308 IPC’s interpretation and scope in Hindi (“308 ipc in hindi”) allows broader legal literacy and empowers individuals to recognize their rights and responsibilities under criminal law.
Section 308 prescribes differentiated punishments based on the outcome of the act:
This graded structure reflects the seriousness with which the law treats not just the attempt itself, but also its consequences.
In a well-cited case from Uttar Pradesh, a group altercation led to one party being hospitalized with head injuries. Since there was clear intent to cause serious injury, but no intent proven to kill, the court convicted under 308 IPC and awarded a two-year sentence.
Another example comes from Rajasthan, where a charge of 308 IPC was framed during a community dispute involving stone-pelting. The court, considering medical evidence and the statements of witnesses, adjusted the severity of the sentence based on visible harm and criminal intent.
“In matters under Section 308 IPC, the courts are careful to distinguish between raw emotion and premeditated intention, recognizing the fine line that separates grievous harm from murderous intent.”
— Advocate Nidheesh Gautam, Lucknow High Court
Sentence duration depends on factors such as:
When courts issue sentences, they often consider both mitigating and aggravating factors, resulting in highly context-specific judgements.
While 308 IPC is often confused with attempt to murder (307 IPC), the difference lies mainly in the nature of intent and probability of death resulting from the act.
This distinction is crucial for both prosecution and defense lawyers arguing such cases, impacting both the charges laid and the sentencing guidelines followed by the judiciary.
Section 308 also intersects with other criminal law norms:
Judges rely heavily on medical evidence and witness statements to ensure the appropriate charge is applied.
Filing an FIR under Section 308 IPC follows standard police procedures, typically when serious injury or intent behind an assault is evident, but murder cannot be directly established.
The trial involves detailed scrutiny of evidence—such as witness testimony, forensic reports, and motive. Defense lawyers often attempt to downgrade charges to Sections 323 or 324 by establishing lack of intention to cause death.
Courts in India consistently strive to balance societal interests and the rights of the accused. Notable Supreme Court decisions have clarified that mere grievous injury will not suffice—a demonstrable intention or knowledge akin to culpable homicide must be proven for 308 IPC to apply.
One landmark judgment observed:
“Any act falling under Section 308 IPC must be backed by significant evidence of intent or knowledge. The degree of harm alone does not automatically trigger this section.”
— Supreme Court of India
High courts frequently reference case law to calibrate sentencing and to ensure consistent application across jurisdictions, especially in Hindi-belt states.
Section 308 IPC plays a crucial role in the Indian legal system by addressing dangerous assaults that stop short of murder. As public familiarity with “308 ipc in hindi” increases, so too does the potential for both justice and fair legal defense. For those facing or dealing with such charges, understanding the nuances—intent, injury, and judicial precedent—is essential. Legal experts recommend consulting qualified criminal lawyers and closely following court procedures to navigate these complex cases effectively.
Section 308 IPC deals with attempts to commit culpable homicide not amounting to murder—specifically, acts where the intent or knowledge would make the act homicidal if death had occurred.
No, Section 308 IPC is generally non-bailable, meaning bail is not a right and must be granted at the court’s discretion based on case facts.
The maximum punishment is up to three years imprisonment (or up to seven years if hurt results), along with a possible fine.
Defense may focus on disproving intention or knowledge behind the act, reducing the charge to lesser sections if possible, or leveraging medical evidence to show lack of culpable harm.
Section 308 covers attempts likely to cause death without clear intention to kill, while Section 307 requires proof of intent to commit murder.
It is most often applied in cases of violent altercations or accidents where the victim survives, but the actions could have been fatal in different circumstances.
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