The Indian Penal Code (IPC) encompasses various sections that deal with offenses affecting the human body, ranging from causing hurt to attempted murder and culpable homicide. Two such sections are Section 300[1] and Section 307,[2] which define murder and attempt to murder, respectively, and Section 299,[3] Section 308[4] and Section 324,[5] which cover culpable homicide, attempt to culpable homicide and causing hurt by dangerous weapon. Each section has distinct elements and penal provisions that determine the severity of the offense and the consequences for the accused. Understanding these differences is crucial in the legal system to ensure proper application of the law and just outcomes in criminal cases.

Difference between Section 300 and Section 307 of IPC

Essentials of Attempt to Murder (Section 300):

Section 300 of the Indian Penal Code defines murder. According to this Act, culpable homicide is considered murder if the following conditions are met:

• Causing death: The act should be done with the goal of causing death.
• Intention: There must be a deliberate purpose to cause physical harm that is likely to result in death, or
• Knowledge: The act must be carried out in its entirety with the knowledge that the act will cause the death of another in all probability.

Essentials of Attempt to Murder (Section 307)

To establish the offense of attempt to murder under Section 307, the following key elements must be present:

• Nature of the Act: The accused must perform an act with the potential to cause death or grievous harm to another person.
• Knowledge or Intent to Commit an Offense: The accused must have the intention to cause death or knowledge that his actions are likely to cause death.
• Act of Offense: The accused must commit an act against the victim, intending to cause their death or serious harm.
• Death as Final Result: Though death does not actually occur due to the act, if the circumstances were such that death would have been the outcome, the accused can be charged with attempt to murder.
• Punishment: A person found guilty of attempt to murder under Section 307 IPC may face rigorous imprisonment for a term that can extend to life or a definite term, along with a possible fine.

Difference between Section 300 and Section 308

• Nature of the Offense: Section 308 of the IPC deals with an attempt to commit culpable homicide. It covers situations where an individual tries to cause the death of another person but is unsuccessful in causing the actual harm. The offense remains at the stage of an attempt. On the other hand, Section 300 of the IPC defines the offense of murder. It involves the completion of the crime of culpable homicide with the actual act resulting in the death of the victim. For an act to be considered murder under Section 300, it must be done with the intention of causing death to a specific person, and the act succeeds in causing the death.
• Intention and Target: In the case of Section 308, the goal is not necessarily to cause the death of the person who became the target of the attempted culpable homicide. The attempt might be directed at someone else, and the act could be a result of negligence or other factors. It is important to note that the person whose death was caused does not have to be the same person whose death was intended. Conversely, Section 300 requires a clear intention to cause the death of a particular individual, and the act must be successful in causing the death of that specific person.
• Severity of the Offense: Section 308 is considered less serious than Section 300 because no actual death occurs in the former. It involves an incomplete attempt to cause death. On the contrary, Section 300 deals with completed acts of causing death with the specific intent to kill, making it a much more severe offense.
• Penal Provisions: The punishment for an offense under Section 308 is comparatively less severe than that for murder under Section 300. Attempt to commit culpable homicide (Section 308) carries a milder penalty, which may include imprisonment for a term that can extend up to seven years, along with a possible fine. In contrast, the punishment for murder (Section 300) is more severe, with possible penalties ranging from life imprisonment to capital punishment (death penalty) depending on the gravity and circumstances of the crime.

Case law:
In the case of Kuldip Singh vs. State,[6] the accused attempted to strike the victim with a naked sword, clearly displaying a dangerous weapon that indicated his intention to murder the victim. Although the victim managed to evade the blow, sustaining only simple injuries, the court convicted the accused under Section 307 of the IPC. The court's decision highlights a crucial principle: if the accused possesses the intention or necessary knowledge to cause death, as outlined in Section 300 of the IPC which defines murder, the actual harm caused to the victim becomes immaterial. In this case, despite the victim escaping with minor injuries, the accused's use of a deadly weapon demonstrated his intention to commit murder, leading to the conviction under Section 307 for attempted murder.

Difference between Section 299 anf Section 308 of IPC

Essentials of Culpable Homicide (Section 299):

The following are the requirements for proving culpable homicide under the Indian Penal Code:

• Whoever is responsible for death or physical injury that is likely to result in death- For the purposes of this Section, death refers to the death of a human being and excludes the death of an unborn child. However, the person whose death was caused does not have to be the same person whose death was planned.
• Performance of an Act- The notion of actus reus is significant, and it implies that the criminal behaved in furtherance of his or her aim to hurt others. Therefore, an act can be an action or an omission which causes death under Section 299.
• Intention to cause death- To convict someone of culpable homicide, they must have intended to cause death or harm to the body that is likely to cause death.

Essentials of Attempt to Culpable Homicide (Section 308):

For an offense under Section 308 of the Indian Penal Code (Attempt to Culpable Homicide), the following requirements must be met:

• Nature of Conduct: The conduct being undertaken should have the potential to cause the victim's death if not prevented or intercepted.
• Intention or Knowledge: The accused's intention to commit murder must be established. The severity of harm caused to the victim alone cannot determine intent; other factors, such as the use of deadly weapons targeting vital body parts, may be considered.
• Execution of the Offense: The accused's intention and knowledge leading to the attempt at culpable homicide must be evident.
• Resulting in Death: The accused's actions must have the potential to cause the victim's death in its natural course.

Differences:

• Stage of the Offense: Section 299 of the IPC deals with culpable homicide, which means causing death either with the intention of causing it or with the knowledge that the act is likely to cause death. It covers completed acts that resulted in death. Section 308 of the IPC deals with attempted culpable homicide. It pertains to situations where the offender tries to cause death but has not succeeded in causing it. The offense is at the stage of an attempt, and the act was not completed.
• Severity of the Offense: The offense under Section 299 (culpable homicide) is considered more serious than the offense under Section 308 (attempted culpable homicide). Section 299 involves actual harm resulting in death or physical injury that is likely to cause death, and the offender is directly responsible for causing death.
• Penal Provisions: The punishment for an offense under Section 308 is less severe compared to Section 299. Section 308 carries a milder penalty, which may include imprisonment for a term that can extend to seven years, along with a possible fine. On the other hand, Section 299 provides stricter penalties, including life imprisonment or a definite term of imprisonment, depending on the circumstances and gravity of the offense.

Case law:

1. In the case of Reg. v. Govinda,[7] the accused had pushed down his wife, kept a knee on her breast, and struck her with two to three hard blows with his clenched hand on her face. Blood extraversion occurred on her brain due to his conduct, and the wife died as a result. The act was not done with the goal of causing death, and the bodily injury was not severe enough to induce death in the natural world. The defendant was charged with culpable homicide but not murder. The purpose is the difference between murder and culpable homicide. The offence is considered to be committed if the 'intention' is there.
    
2. In the case of Bhagwan Singh vs. State of Uttarakhand,[8] during the marriage ceremony of the appellant's son, the appellant fired celebratory gunshots in his courtyard. Unfortunately, the pellets struck five people, resulting in injuries, and two of them succumbed to their injuries in the hospital. The appellant's original convictions under IPC Sections 302 and 307 were modified to Section 304 Part-2 and Section 308, respectively. The court found the appellant responsible for possessing a loaded firearm in a crowded area where his guests had gathered for the wedding ceremony. Instead of taking reasonable precautions, he pointed the gun at the roof and fired the shot, without considering the potential danger to others. The court held him guilty of "culpable homicide" as defined by Section 299 of the IPC, punishable under the relevant sections of the law.

Difference between Section 308 and Section 324 of IPC
Essentials of voluntarily causing hurt by dangerous weapon (Section 324):
For Section 324 to be applicable, the offense must fulfill the following criteria:

1. The accused voluntarily causes hurt to another person.
2. The hurt is caused using one of the following means:
   1. Any instrument used for shooting, cutting, or stabbing, or any other instrument likely to cause death.
   2. By fire or other heated instruments.
   3. By poison or other corrosive substance.
   4. By any explosive substance.
   5. By a substance that is dangerous for the human body to swallow, inhale, or receive through blood.
   6. By an animal.

In essence, Section 324 of the Indian Penal Code is applicable when a person intentionally inflicts hurt on another using specified means listed above.

Difference:

• Intent and Resulting Injury: Section 308 covers an attempt to commit culpable homicide not amounting to murder. The accused must have the intention or knowledge that their act may result in culpable homicide. The focus is on attempting to cause death, regardless of whether an injury occurs or not. In contrast, Section 324 addresses the willful infliction of hurt or bodily harm using dangerous instruments. The offense covers injuries caused by shooting, stabbing, cutting devices, or any weapon likely to cause death.
   
• Severity of Injury: The injury caused under Section 324 may or may not jeopardize the life of the victim. The section covers injuries ranging from minor to more serious, caused by the use of dangerous instruments. However, an injury under 308 will jeopardize the life of the victim.
   
• Punishment: The punishment for an offense under Section 308 is imprisonment for up to seven years. The punishment for an offense under Section 324 is imprisonment for up to three years, a fine, or both.

Case law:
The Supreme Court clarified the 'subtle and nuanced' difference between an attempt to commit culpable homicide not amounting to murder (Section 308 of the IPC) and willingly causing harm (Section 324 of the IPC) with a sharp-edged instrument in an order issued on September 22, 2020, in a criminal appeal in the case Roop Chand @ Lala v. State (NCT) of Delhi.[9] The former (Section 308) requires injuries that are likely to result in death, whilst the latter (Sec 309) allows for injuries that may or may not jeopardise one's life, according to the three-judge bench.

Section 308 of the IPC provides for an attempt to culpable homicide not amounting to murder and the relevant punishment as specified earlier. Section 324 of the IPC, on the other hand, makes willful infliction of bodily harm a crime, stating that whoever voluntarily causes hurt by means of any instrument for shooting, stabbing, or cutting, or any instrument which, when used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

To secure a conviction under Sec 308 of the IPC, the prosecution must prove that the accused had the required 'intention' or 'knowledge' to cause culpable homicide, which can be ascertained from the actual injury as well as other surrounding circumstances, opined Justice Hrishikesh Roy and Surya Kant in this judgement. In contrast to Sec 308 of the IPC, which requires proof of 'intention' or 'knowing,' it is sufficient to attract Sec 324 of the IPC if a person willingly causes harm with a stabbing or cutting device.

The crime of culpable murder, as defined by Section 308 of the Indian Penal Code, entails doing anything with the intent or knowledge, and under such conditions, that if the act results in death, the person is guilty of culpable homicide. An effort of that sort may or may not end in injury. The attempt to commit culpable homicide is prosecuted under Section 308, whereas minor injuries are penalised under Sections 323[10] and 324, and serious injuries are punishable under Sections 325[11] and 326[12] of the IPC. These offences are qualitatively distinct.

Difference between Section 308 and Section 307 of IPC
Differences:
Meaning: The crime of attempted murder, as well as its penalty, is addressed in Section 307. The subsequent Section of the code i.e. Section 308, deals with the offence of attempted culpable homicide. According to Section 308, a person is guilty of culpable homicide if he does an act with the intent or knowledge of causing the death of another person in specified conditions.

Penal provisions: The criminal is sentenced to three years in jail or a fine, or both, under Section 308, which outlines the punishment for the offence. Furthermore, if the victim was hurt during the attempted culpable murder, the criminal would be sentenced to jail for a term up to seven years, or fine, or both.

Seriousness of the offence: Because the purpose or knowledge is heightened to a higher level paired with the execution of the act of committing murder under Section 307, the seriousness of committing the offence under Section 307 is greater than that of committing the offence under Section 308. However, even if the factors of purpose or knowledge are present, Section 308 adds the criterion that such an act is likely to result in the death of any person, rendering the accused guilty of culpable homicide rather than murder.

Case law:
In the case of Devi Singh v. State of M.P., the appellants were initially convicted under Section 307 IPC (attempt to murder) by the trial court for assaulting the complainant. However, on appeal, the High Court altered the conviction to Section 308 IPC (attempt to culpable homicide). The High Court reasoned that the assault occurred in a crowd, suggesting that the intention to commit murder was absent. Furthermore, the medical report indicated only one grievous injury, which was not life-threatening. The court concluded that the appellants were aware that the injury could cause death, leading to the conviction under Section 308.

Conclusion
The sections of the Indian Penal Code that focus on offenses affecting the human body provide a comprehensive framework to address different degrees of harm caused to individuals. While Section 300 deals with the grave offense of murder and requires a clear intention to cause death, Section 307 covers the attempt to commit murder with the potential for severe penalties. On the other hand, Section 308 addresses the attempt to culpable homicide, acknowledging the possibility of causing death, while Section 324 targets the act of willfully causing hurt using dangerous weapons. Understanding the nuances and distinctions between these sections is essential for legal practitioners, judges, and law enforcement to ensure that justice is served appropriately and in accordance with the law.

End-Notes:

1. The Indian Penal Code, 1860, art 300, No. 45, Acts of Parliament, 1860 (India).
2. The Indian Penal Code, 1860, art 307, No. 45, Acts of Parliament, 1860 (India).
3. The Indian Penal Code, 1860, art 299, No. 45, Acts of Parliament, 1860 (India).
4. The Indian Penal Code, 1860, art 308, No. 45, Acts of Parliament, 1860 (India).
5. The Indian Penal Code, 1860, art 324, No. 45, Acts of Parliament, 1860 (India).
6. MANU/HP/1731/2010
7. MANU/MH/0038/1876
8. MANU/UC/0338/2017
9. MANU/SC/0969/2020
10. The Indian Penal Code, 1860, art 323, No. 45, Acts of Parliament, 1860 (India).
11. The Indian Penal Code, 1860, art 325, No. 45, Acts of Parliament, 1860 (India).
12. The Indian Penal Code, 1860, art 326, No. 45, Acts of Parliament, 1860 (India).