Attempt to commit culpable homicide
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Summary
An act done with intention or knowledge that, if it caused death, would be culpable homicide not amounting to murder, is punishable as an attempt to commit culpable homicide. The basic punishment is up to three years imprisonment, or fine, or both. If the act causes hurt to any person, the imprisonment may extend up to seven years, or fine, or both.
Example
Ravi, in a sudden fight with a neighbour, stabs him in the chest. The neighbour survives, but if the stab had caused death it would have been culpable homicide not amounting to murder. Because Ravi caused hurt, he can be punished with up to seven years imprisonment, or fine, or both.
Bare Act
Enacted textWhoever 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.
BNSS Classification
- Attempt to commit culpable homicide – Imprisonment for 3 years, or fine or both.
- If such act causes hurt to any person – Imprisonment for 7 years, or fine, or both.
- Cognizable
- Non-Bailable
- Triable by Court of Session.
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