Attempt to commit culpable homicide
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Summary
An act done with the intention or knowledge that, if it caused death, would be culpable homicide not amounting to murder is punishable as an attempted culpable homicide. The basic penalty for the attempt is up to three years imprisonment, or fine, or both. If the act causes hurt to any person, the punishment may extend up to seven years, or fine, or both.
Example
Ravi, after a heated argument, fires a pistol at his neighbour to intimidate him. If the shot had caused death it would have been culpable homicide not amounting to murder, so Ravi is guilty of an attempt and can be punished up to three years. If the neighbour is injured instead, Ravi can face up to seven years, or a 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.
Illustrations
(1) A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he there by caused death he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section.
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