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S.308 ipc

(Querist) 25 November 2011 This query is : Resolved 
What are circumstances when the Police can charge S.308 IPC on an accused?
Devajyoti Barman (Expert) 25 November 2011
The section is self-explanatory.
Please indicate what is your doubt.
Rajeev Kumar (Expert) 25 November 2011
I do agree with expert
Shonee Kapoor (Expert) 25 November 2011


Shonee Kapoor
Arvind Sehdev (Expert) 25 November 2011
You have to tell us the circumstances...... We can only then guide you....
Raj Kumar Makkad (Expert) 25 November 2011
Either you post your query or read legal provision as explained in relevant law books.
Devajyoti Barman (Expert) 26 November 2011
Still no details??????
Is this a hoax??/
Raj Kumar Makkad (Expert) 26 November 2011
Some people think that this is free site so provide the experts a job to get replying without caring for their replies.
Shailesh Kr. Shah (Expert) 26 November 2011
SO, no need to reply.
M/s. Y-not legal services (Expert) 27 November 2011
its too late for realise this.. always am asking my senior members to avoid this kind of queries or anonymous query which will be posting by advocates..
bhupender sharma (Expert) 27 November 2011
Where the accused have knowledge that by inflicting injury on the body,if the immediate medical help not provided to him,he would collapse then the section 308 is attracted and more so go through section 299 of the IPC.
Mohanakumaran (Querist) 28 November 2011
This is not an anonymous query. The question is so simple for those who can understand, for others I am sorry.

If one can get every thing by reading, we need not have any so called experts
Guest (Expert) 28 November 2011
Dear Mohana Kumaran,

Although I did not intend to reply your basic question that being merely of a generic nature, but the nature of your latest comments caught my specific attention.

In fact, your latest comments can merely be construed as if intended to cast aspersions on the experts trying to solve your quiz, as its language clearly implies as if you posted your query not for gaining, enhancing or improving your knowledge, or to solve any specific problem, but just to put the experts to test only.

So, my question to you is, if you considered the question to be so simple, why did you feel the need to put that query for reply before the experts of this forum?

Another question, prior to me some 7 experts tried to ask you some supplementary information from you just with the intention to solve your quiz, and one expert gave one instance, do you think all the seven experts would have been not been able to understand your basic query, when they have appropriate qualifications in law?

You could well have posted the real problem you wanted to solve rather than putting a general question like an examiner of some law college to the students taking a test to qualify for the degree of law.

The circumstances, when the Police can charge S.308 IPC on an accused, can be several (10, 20, 30, or even 50). Just imagine, why experts would like to waste their precious time by putting strain to their brains when they are here to render you free service to solve some specific problems fced by the members, and could solve even 10-15 specific problems of other querists within such time.

From your question what I feel, by reading the text of section 308 only, you are merely reading between the lines. You could find the answer even yourself had you gone through sections 299 to 308 together, which have interconnection to one or the other section, more particularly, had you read the definition of "culpable homicide" as provided in section 299.

Shailesh Kr. Shah (Expert) 28 November 2011

If you already understood, why you are putting before us?
Shonee Kapoor (Expert) 28 November 2011
So Mr. Mohan Kumar,

Could we know your query in lil bit detail, what is the confusion.

I would give you an analogy, you go to a doctor and say, "Hey Doc, I am sick." and then you expect the doctor to prescribe youi medicines to cure disease w/o knowing the symptoms and the problems you are facing. And then allege, what is the use of having a degree in medicine, when you can not cure the sickness.

It is easy to criticize.


Shonee Kapoor

PS: Right framing of question means half the query solved.
Arvind Sehdev (Expert) 28 November 2011
Mr. Dhingra, Mr.Shah and Mr. Shonee are correct.....


If you think question is soo simple then why are you asking it...

There are a lot of situations in which 308 applies to.... Now you expect us to sit and describe all those situations/circumstances ???

It is very easy to criticize... All the experts here are very courteous and patient but if you test it like this then you have other thing coming....

So I request you to not post such uncalled comments in future....
Advocate. Arunagiri (Expert) 28 November 2011
I am just reproducing the illustration under s.308, which is self explanatory.

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 offense defined in this section.

Explanation :-

If a death is caused by a sudden provocation, it can not be treated as a murder. The accused has to prove that the death caused by sudden provocation.

Dear Author,

Please avoid criticisms. Wait for a reply which suits you.
Raj Kumar Makkad (Expert) 29 November 2011
I strongly oppose the way querist is showing and still answer of Arunagiri.............

Mr. Quarist! You are warned to stop such type of comments against experts.
Advocate. Arunagiri (Expert) 29 November 2011

I value your concern.

I have given the reply and also I have advised him.
Mohanakumaran (Querist) 30 November 2011
Thank you Advocate Arunagiri. The question is not for criticizing the experts. If the so called experts thinks so I am sorry.

I feel so sorry of Mr.Makkad. No body is expected to warn any nobody else for querying.
I did not ask you to spend time on this. If some members are interested to provide some insight to some query, of course they are welcome.

I, do not, criticise others and try to answer querries that are not understood by me. Hope this will end here.

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