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Report No. 42

119. Substitution of new section for sections 307 and 308.-

For sections 307 and 308 should be of the Code, the following sections shall be substituted namely,

307. Attempt to murder.- Whoever attempts to commit murder shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and if hurt is cause to any person by such act the offender may.-

(a) if under sentence of imprisonment for life, be punished with death; and

(b) in any other case, be punished with imprisonment for life.

308. Attempt to commit culpable homicide.- Whoever attempts to commit 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.

Illustration

A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby 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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