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

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, we are breaking the section into two parts: SECTION 308 FIRST PART —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 SECTION 308 SECOND PART —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 The Bench observed that any hurt being caused is not an essential condition to attract the provisions of Section 308 IPC. In other words, the Court opined that even if there is no hurt caused to anyone, still, an offence under Section 308 IPC could be constituted, if someone does an act only 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 In this regard, the Court noted that the essential ingredients of the first part of Section 308 I.P.C. In this regard, the Court read the entire section conjointly and remarked thus: "A combined reading of both the parts of Section 308 clarifies that the legislative mandate in Section 308 is 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, but inspite of the effort made by him he completely fails to achieve his goal of committing culpable homicide not amounting to murder, he shall still be held guilty of committing an offence under Section 308 I.P.C.