What these sections say ?
Section 308 of IPC: Attempt to commit culpable homicide
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, 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.
Section 324 of IPC: Voluntarily causing hurt by dangerous weapons or means
Whoever, except in the case provided for causes voluntary hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by any means of any explosive or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
ISSUE | How section 308 and 324 IPC is applied practically ?
CONCERNED CASE LAW | The Supreme Court has decided the issue in relation to Section 308 and 324 of IPC in its criminal appellate jurisdiction in the case of Roop Chand @ Lala v. State (NCT) of Delhi. Ordered on 22/09/2020
FACTS | Respondent had to pay Rs. 100 to the appellant and on his refusal to pay the debt, appellant slapped him. Responded tried to call his father and in the meanwhile appellant attacked him with sharp-edged weapon causing injury on his left side of hear near to eye. Case got registered under Section 324 of IPC. After looking into the medical report, it was found that offence falls under Section 308 of IPC.
Trial court and High Court held him guilty under Section 308 IPC. Then appeal was made before the apex court.
ISSUE BEFORE THE COURT | Whether the offence committed by the appellant falls under the ambit of Section 308 or 324 of the IPC.
Distinction between the Section 308 and 324 of IPC by Supreme Court
Nature of injury as the deciding factor | The three judge bench of the court observed that injuries as provided under Section 308 must be such that may probably cause death whereas in case of Section 324, injuries may or may not put one’s life in danger.
Intention as deciding factor | In order to make any a person liable under Section 308 his ‘intention’ or knowledge’ to commit such offence need to be proved but on the other hand under Section 324, causing of hurt voluntarily by means of instrument for stabbing or cutting is sufficient. Thus, Section 324 of the IPC creates liability for willfully inflicting injuries on the other person.
Finding of the court:
The court held that requirements of Section 308 IPC are not complete, thus, converted the conviction of appellant from Section 308 to under Section 324 of IPC and imprisonment is reduced from period of rigorous imprisonment of three years to period he has already undergone.
MODEL QUESTIONS FROM THE TOPIC CONCERNED – UPSC LAW OPTIONAL MAINS PAPER II
QUESTION 1 : A stabbed B with a sharp instrument which caused injury near ears and eyes – Decide the liability of A.
QUESTION 2 : The offence of attempt to commit culpable homicide and offence of voluntary causing hurt by dangerous weapon would create confusion when applied to practical situations, discuss the clarifications given by court to rectify such issue.
UPSC LAW OPTIONAL MAINS 2020 CRASH COURSE STARTS ON 7TH OCT 2020
TO ENQUIRE ABOUT COURSES CONTACT US | 2020 and 2021 – UPSC LAW OPTIONAL MAINS COURSES
Call / Whats app -6382125862
Website – www.lawxpertsmv.com
E-mail – firstname.lastname@example.org