IPC Section 311
IPC Section 311: Punishment for attempting to commit culpable homicide not amounting to murder
Textual Meaning (in simple terms):
Section 311 deals with cases where a person attempts to commit culpable homicide (causing death intentionally or knowingly) but the act does not result in murder.
In simpler words, if someone tries to kill another person but the attempt fails or the act does not fulfill all elements of murder, it falls under this section.
Essentials/Ingredients of Section 311:
Attempt to Commit Culpable Homicide:
The person must intentionally or knowingly cause hurt that could result in death.
The act does not need to result in death for this section to apply.
Mens Rea (Intention):
There must be a clear intention to cause death or bodily harm that could result in death.
Culpable Homicide Not Amounting to Murder:
The act falls short of murder because it may lack elements like premeditation, extreme cruelty, or other factors that elevate it to murder.
Direct Act:
The attempt must involve a direct act that could lead to death, not just mere preparation.
Punishment under Section 311:
Imprisonment: Up to 10 years, and
Fine
If the act is causing hurt to the person with the intention of killing, it is treated seriously, but less than murder under Section 302 IPC.
Illustrations/Examples:
A person stabs someone intending to kill, but the victim survives because the injury is not fatal.
→ Punishable under Section 311.
A person poisons food intending to kill, but the victim does not consume it.
→ Punishable under Section 311.
Someone shoots at another person intending to kill, but misses.
→ Falls under Section 311.
Key Points to Remember:
Section 311 is specific to attempted culpable homicide, not murder.
The intention to cause death must be present; accidental harm does not qualify.
Punishment is severe, reflecting the gravity of attempting to take life.
Related sections include Section 307 IPC (attempt to murder), which is slightly different because Section 307 is specifically for attempts to commit murder, whereas 311 is for culpable homicide attempts not amounting to murder.
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