Section 308 IPC: Supreme Court Rules that Conviction Requires Intent or Knowledge to Cause Death in Attempted Culpable Homicide Cases"

The Supreme Court recently modified the conviction of a bus conductor, who was initially charged with attempt to commit culpable homicide, to one under Section 338 (Causing grievous hurt by act endangering life or personal safety of others) of the Indian Penal Code (IPC).

The bench of Justice Abhay S. Oka and Justice Rajesh Bindal observed that the conductor was negligent in not performing his duties and he did not have knowledge that his act is likely to cause the death of the victim.

The incident occurred when the victim, along with her younger sister, was waiting at a bus stop for boarding a bus to school. After the bus arrived, her sister boarded the bus followed by two other girls. When the victim tried to board the bus, the cleaner of the bus pushed her down with his hands. As a result, she fell down on the road and came under the left rear wheel of the bus, sustaining serious injuries including fracture of pelvis.

The allegation against the conductor was that he rang the bell, which was a signal to the driver to start the vehicle, without waiting for the victim to board the bus. The Sessions Court acquitted the driver and convicted the conductor and the cleaner for the offence punishable under Section 308 read with Section 34 of IPC. The High Court acquitted the cleaner and confirmed the conviction of the conductor under Section 308 of IPC, reducing the sentence to one year with a fine of Rs.50,000/.

The counsel appearing for the conductor submitted that the offence of attempt to commit culpable homicide not amounting to murder was not established on the evidence. On the other hand, the counsel appearing for the state pointed out that it was the duty of the conductor to ensure that all the passengers safely board the bus and then give a signal to the driver to start the bus.

The Court noted that the conductor acted rashly and negligently as he did not perform his duty of being careful. At that time, the bus was overcrowded and there were a number of passengers waiting at the bus stop. The Court observed that the conductor ought to have verified whether all passengers had safely boarded the bus before giving the signal to the driver.

Thus, the Court noted that the conductor is guilty of the commission of an offence punishable under Section 338 of IPC and sentenced him to simple imprisonment of 6 months. The Court further directed the conductor to pay an additional amount of Rs.25,000/- to the victim in addition to the fine of Rs.50,000/- imposed by the High Court.

This judgment underscores the significance of establishing intention or knowledge in criminal convictions, ensuring a fair and just legal framework. By modifying the conviction from a more severe offense to a lesser charge, the Supreme Court highlights the need for clear evidence of an accused's intent or awareness of the consequences of their actions. This approach safeguards against wrongful convictions and upholds the principle that criminal liability should be based on a demonstrated mental state, contributing to a more equitable and accurate legal system.(alert-success)