Distinction Between Attempt To Commit Culpable Homicide Not Amounting To Murder [Sec.308 IPC] & Voluntary Causing Hurt By Dangerous Weapons [Sec. 324 IPC]: SC Explains
4 years, 5 months ago

Distinction Between Attempt To Commit Culpable Homicide Not Amounting To Murder [Sec.308 IPC] & Voluntary Causing Hurt By Dangerous Weapons [Sec. 324 IPC]: SC Explains

Live Law  

In an order passed last month in a criminal appeal, the Supreme court explained the 'subtle and nuanced' distinction between attempt to commit culpable homicide not amounting to murder and voluntarily causing hurt with a sharp-edged weapon.Under the former, injuries must be such as are likely to cause death, but in the latter. In an order passed last month in a criminal appeal, the Supreme court explained the 'subtle and nuanced' distinction between attempt to commit culpable homicide not amounting to murder and voluntarily causing hurt with a sharp-edged weapon. In this context, the bench noted that Section 308 of IPC provides that "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"; and in case any hurt is caused to any person by such act, then "the accused is liable to be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both." "Offence punishable under Section 308 IPC postulates doing of an act with such intention or knowledge and under such circumstances that if one by that act caused death, he would be guilty of culpable homicide not amounting to murder.

Murder Culpable Homicide Knowledge Homicide Accused Ipc Sec Supreme Hurt 308 Intention Culpable Section 308 324 Section 324 Voluntarily 308 Ipc Section 308 Ipc 324 Ipc Section 324 Ipc  308  voluntary  sc  homicide  murder  explains  324  culpable  voluntarily  ipc  accused  knowledge  intention  sec  sec308  hurt  weapons

History of this topic

Overlooking Difference Between Murder And Culpable Homicide Could Lead To Miscarriage Of Justice: Kerala High Court
1 year, 7 months ago

Overlooking Difference Between Murder And Culpable Homicide Could Lead To Miscarriage Of Justice: Kerala High Court

Live Law  

The Kerala High Court recently emphasised the objective nature of determining the legal distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, unrelated to the offender's intention.A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha added that neglecting the difference between the two can lead to a miscarriage of justice. The …

Allahabad HC Explains Ingredients To Constitute Offence U/S 308 IPC [Attempt To Commit Culpable Homicide Not Amounting To Murder]
2 years, 9 months ago

Allahabad HC Explains Ingredients To Constitute Offence U/S 308 IPC [Attempt To Commit Culpable Homicide Not Amounting To Murder]

Live Law  

In an order passed last week in a criminal revision, the Allahabad High Court explained the essential ingredients to constitute an offence punishable under Section 308 IPC.At the outset, the Bench of Justice Subhash Vidyarthi observed that Section 308 of IPC is divided into two parts and the section intends to deal with two. For the ease of our readers, …

Section 307 IPC - Intention To Be Ascertained From Weapon Used, Body Part Chosen For Assault & Nature Of Injury: Supreme Court
3 years, 4 months ago

Section 307 IPC - Intention To Be Ascertained From Weapon Used, Body Part Chosen For Assault & Nature Of Injury: Supreme Court

Live Law  

The Supreme Court observed that, in attempt to murder cases, the intention has to be ascertained from the weapon used, part of the body chosen for assault and the nature of the injury caused.The Court observed thus while dismissing appeal filed by accused whose conviction under Section 307 read with Section 34 of the IPC was upheld by the High …

Difference Lies In The Degree Of The Act: Supreme Court Explains Subtle Distinction Between Culpable Homicide U/s 304 IPC & Murder
3 years, 6 months ago

Difference Lies In The Degree Of The Act: Supreme Court Explains Subtle Distinction Between Culpable Homicide U/s 304 IPC & Murder

Live Law  

In a judgment delivered on Wednesday, the Supreme Court explained the difference between culpable homicide under Section 304 of the Indian Penal Code and murder under Section 300 IPC.The court observed that, though it difficult to distinguish between culpable homicide and murder as both involve death, there is a subtle distinction of intention and knowledge involved in. In a judgment …

Attempt Under Indian Penal Code
5 years, 10 months ago

Attempt Under Indian Penal Code

Live Law  

Try and try, till you succeed. But, an unsuccessful attempt also renders one liable under offences that specifically punish an "attempt to commit the offence". Where Section 121 punishes attempts to wage war as severely as waging war itself, Section 307 imposes a lighter sentence for attempting to commit murder as against committing murder. Scope of Attempts and the Basic …

All Cases Of Assault Or Simple Hurt Cannot Be Categorized As Crimes Involving Moral Turpitude: SC [Read Judgment]
5 years, 11 months ago

All Cases Of Assault Or Simple Hurt Cannot Be Categorized As Crimes Involving Moral Turpitude: SC [Read Judgment]

Live Law  

All cases of assault or simple hurt cannot be categorized as crimes involving moral turpitude, the Supreme Court has observed while granting relief to a SBI Employee who was discharged from service for being convicted under Section 324 IPC. He challenged this action on the part of SBI before the High Court, and the division bench of Madras High Court …

Proof Of Grievous/Life Threatening Hurt Not Necessary For Conviction Under Section 307 IPC [Attempt To Murder]: SC [Read Judgment]
6 years, 1 month ago

Proof Of Grievous/Life Threatening Hurt Not Necessary For Conviction Under Section 307 IPC [Attempt To Murder]: SC [Read Judgment]

Live Law  

The Supreme Court has observed that proof of grievous or life-threatening hurt is not a sine qua non for the offence under Section 307 of the Indian Penal Code. In the appeal filed by the state, the bench examined the provisions of Section 307 IPC and observed: The first part of Section 307 refers to "an act with such intention …

Causing disproportionate harm to attacker while defending oneself amounts to culpable homicide: SC
6 years, 4 months ago

Causing disproportionate harm to attacker while defending oneself amounts to culpable homicide: SC

The Hindu  

Use of fatal force or causing disproportionate harm to overpower an aggressor in self-defence amounts to culpable homicide and not murder, the Supreme Court has held. A Bench of Justices N.V. Ramana and Mohan M. Shantanagoudar reiterated in a recent judgment that the “law on the aspect of causing disproportionate harm and exceeding right to private defence is amply clear. …

‘Sil batta’, kitchen knife are deadly weapons, says Delhi HC
6 years, 6 months ago

‘Sil batta’, kitchen knife are deadly weapons, says Delhi HC

Hindustan Times  

The fact that a kitchen knife and a sil batta are readily available in most homes does not make them any less dangerous, the Delhi high court said on Thursday, while convicting a man of attempting to murder his wife with these implements. Kitchen knife can be a dangerous weapon, the Delhi high court said on Thursday. A bench of …

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