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
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.