Provision

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.


Simply Put

Section 308 applies to attempts to homicide not amounting to murder, in which there has been not merely a commencement of an execution of the purpose, but something short of a complete execution, the consummation being hindered by circumstances independent of the will of the author.
This can only be proved by providing facts and circumstances, from which it would be justifiable to hold that if the act had been completed, it would have been only culpable homicide, and not murder. The punishment provided for the offence of attempt to commit culpable homicide is imprisonment for a term which may extend to 3 years or with fine or with both; and if hurt is caused to any person by such act, the culprit shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.



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