IPC Section 307 - Attempt to Murder

According to IPC Section 307, anyone who attempts an act with the intention or knowledge that, if successful, would cause death, shall face imprisonment for up to ten years and may also be fined. If the act causes harm to the victim, the offender may face life imprisonment or the same penalty as above. If the person is a life convict and the act results in injury, the punishment may extend to death.

IPC Section 307 in Simple Words

Section 307 of the Indian Penal Code (IPC) deals with the crime of attempting to murder someone. This section addresses situations where a person tries to kill another, even if the attempt does not succeed. The law punishes such attempts severely to protect life and prevent violent acts.

Offences and Punishments

Offence	Punishment	Cognizance	Bail	Triable
Attempt to murder	10 Years + Fine	Cognizable	Non-Bailable	Court of Session
If such act causes harm to any person	Life Imprisonment or 10 Years + Fine	Cognizable	Non-Bailable	Court of Session
Attempt by life convict to murder, if harm is caused	Death or 10 Years + Fine	Cognizable	Non-Bailable	Court of Session

Understanding Attempt to Murder

The crime of attempted murder is as serious as murder itself, but in an attempted murder, the victim does not die. The key difference is that while murder results in the death of the victim, an attempt to murder fails to cause death, although it still poses a significant danger to the victim's life.

If you are involved in a case under Section 307, it is crucial to consult a legal expert to understand the consequences and navigate through the legal proceedings.

Examples of Attempt to Murder under Section 307

Here are some illustrations of how Section 307 applies:

• A shoots at Z with the intent to kill him, and under circumstances where Z's death would result in murder. A is liable for punishment under this section.
• A exposes a child in a desolate place with the intention of causing death. Even if the child survives, A has still committed an offence under Section 307.
• A buys a gun and fires it at Z, intending to kill him. If Z is wounded, A faces punishment under this section.
• A mixes poison in food with the intent to kill Z. Even if the poison is not consumed, the act is punishable under Section 307.

Key Elements of Attempted Murder

For a conviction under Section 307, the prosecution must prove the following elements:

• Nature of the Act: The act must be such that it would have caused death had it not been interrupted.
• Intention or Knowledge: The person must have had the intent to kill or the knowledge that their actions could result in death.
• Execution of the Act: The offender must have attempted the act in a way that it could have led to death.

Consult a Lawyer

If you or someone you know is facing a charge under IPC Section 307, it's essential to consult an experienced criminal lawyer for legal guidance and defense strategies. Get professional help to navigate through these serious charges.

To consult top criminal lawyers in India, visit Suraksha Legal Help.

Related Sections: Attempt and Punishments

Section 511 of the IPC addresses the punishments for an attempt to commit any criminal act, confirming that an attempt to commit a crime is itself punishable under law.

Conclusion

IPC Section 307 emphasizes the severity of attempting to endanger another person's life. The law aims to deter such violent acts, ensuring that those who attempt to murder face serious legal consequences. Protecting individuals' right to life is central to the provisions of this law.

Example of Attempt to Murder under Section 307

For Example: Ms. X has planned to murder Mr. Y. She collects some toxic chemical drops with a clear intention to mix them in Mr. Y’s drink.

Until Ms. X has served the drink, she has not committed any offence. However, if she places the poisoned/mixed drink on Mr. Y’s table, or gives it to Mr. Y’s servant to serve to Mr. Y, then Ms. X has committed an offence of attempt to murder.

Nature of Offence under Section 307 of the IPC

• Cognizable: Offences are divided into cognizable and non-cognizable. By law, the police are duty-bound to register and investigate a cognizable offence.
• Non-Bailable: This means that in a complaint filed under Section 307, the magistrate has the power to refuse bail and remand a person to judicial or police custody.
• Non-Compoundable: A non-compoundable case cannot be withdrawn by the petitioner at his/her will.

Stages of a Crime as per Indian Criminal Law

In Indian criminal law, 4 stages of crime are recognised. These should be present in any act to be considered a crime. The 4 stages are:

1. Stage 1: Intention/motive of the Individual: The first stage is the mental stage, where there is an intention to commit a crime. This represents the willingness of an individual to do something unlawful, although mere intention is not a crime. The physical act follows the intent and becomes significant.
2. Stage 2: Preparation for a crime: This stage involves making arrangements to execute the crime. No offence is committed yet, but certain actions like preparing to commit dacoity are prosecutable under Indian law.
3. Stage 3: Attempt to commit a crime: When preparation is complete, an attempt is made. This is a direct action toward committing an offence. Several sections in the IPC make attempts to commit crimes punishable.
4. Stage 4: Completion of the crime: To complete the crime, the intended act must occur, making the individual guilty after the act is done.

'Intention' under Section 307 of IPC

In order to convict a person under Section 307, it is crucial to prove the intention of the accused to kill the victim. The intent must arise from a specific desire to murder. Factors such as the weapon used, its manner, the motive, the severity of the injury, and the part of the body targeted all contribute to establishing the intent of the accused.

For instance, if the accused uses a dangerous weapon but inflicts only minor injuries, showing no intention to kill, the person will not be convicted under Section 307. However, if the accused stabs the victim with a large knife in a vital area, like the stomach, they would be liable for attempt to murder.

Even if the injury is not severe, if the action was performed with the intention to kill, it can be enough for a conviction under Section 307. The section applies even when death doesn't occur, but the act must be capable of causing death.

An accused cannot be acquitted just because the injury caused was simple hurt. Intent and knowledge to commit murder are crucial elements in a conviction.

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Execution of the Act (Attempt) under Section 307 of the IPC

A mere malicious intent to commit an act is not enough to hold an individual guilty of a crime. A physical (and voluntary) action must be visible. An attempt to commit the crime must be done in furtherance of the intention to be considered a crime. For Section 307 to be applied, the act must, in the ordinary course, be capable of causing the death of another person.

Punishment for Attempt to Murder under Section 307 IPC

According to the Indian Penal Code, the punishment for an attempt to murder depends on the extent of the injury and whether the guilty person is a life convict.

• If the action results in any injury to any person, the offender will be imprisoned for a period ranging from 10 years to life imprisonment, along with any penalty.
• If an individual already serving a life sentence commits an act intending to murder and causes harm, they may face the death penalty.

Offence and its Punishment

• Attempt to Murder: 10 years + Fine
• If such an act caused hurt to the person: Imprisonment for Life or 10 Years + Fine
• Attempt to Murder by a life convict, if hurt is caused: Death or 10 Years + Fine

Attempts by Life Convicts under Section 307

The second part of Section 307 prescribes the death sentence for a life convict who attempts bodily injury capable of causing death and causes hurt in the process. Section 307 uses the word ‘may’ and not ‘shall’, giving courts discretion to reduce the severity of the sentence in certain circumstances. This reduction can be made if it serves the interests of justice.

Offences under Section 307 are cognizable, meaning an arrest can be made without a warrant. It is non-bailable, non-compoundable, and is exclusively triable in the Court of Sessions.

Difference between (Attempt to) Murder and Culpable Homicide

There is a legal distinction between murder and culpable homicide under Indian criminal law. The key difference lies in the intention behind the act. If a person is killed with pre-planning or cold-bloodedly, it is considered murder. However, if the death occurs suddenly, in a fight, due to rage, provocation, or instigation, it is categorized as culpable homicide.

All murders are culpable homicides, but not all culpable homicides are murders. This distinction was discussed in the case Sarkaria J., in State of A.P. v. R. Punnayya (1976).

Criminal Trial for an Attempt to Murder Case

The criminal trial for an attempt to murder case follows a standard process:

1. FIR (First Information Report) / Police Complaint: The process begins with the filing of an FIR or police complaint, as per Section 154 of the Code of Criminal Procedure (CrPC).
2. Investigation and Report by Officer: After the FIR, the Investigation Officer collects evidence and examines witnesses before preparing the investigation report.
3. Charge-sheet before Magistrate: The police files the charge-sheet before the magistrate, outlining the criminal charges against the accused.
4. Arguments before Court and Framing of Charges: The magistrate hears the parties’ arguments and frames charges.
5. Plea of Guilty: The accused may plead guilty after charges are framed. The judge must ensure the plea is voluntary.
6. Evidence by Prosecution: The prosecution presents its evidence, both oral and documentary, followed by the cross-examination of witnesses by the accused.
7. Evidence by Accused: The accused may present their own evidence, though they are not required to do so since the burden of proof lies on the prosecution.
8. Cross-Examination of Defence Witnesses: If the defence produces witnesses, they will be cross-examined by the prosecution.
9. Conclusion of Evidence: The court concludes the evidence presented by both sides.
10. Oral / Final Arguments: Both the prosecution and defence present their final arguments.
11. Judgement by the Court: The court gives its final judgment, either acquitting or convicting the accused based on the evidence and arguments.
12. Acquittal or Conviction: The accused is either convicted or acquitted based on the court’s judgment.
13. If Convicted, Hearing on Quantum of Sentence: If convicted, a hearing is held to determine the severity of the sentence.
14. Appeal to Higher Courts: An appeal can be made to higher courts, such as the High Court or Supreme Court, if necessary.

What to Do if Involved in an Attempt to Murder Case?

If you are involved in an attempt to murder case, it is crucial to prepare thoroughly, both for the petitioner and the defendant. Understanding your rights before and after arrest, as well as the legal framework, is essential. Consulting a lawyer is vital for formulating a defense strategy and understanding the procedural nuances.

Rights of an Arrested Person under Section 307

• Right to be informed of grounds of arrest: As per Section 50(1) of CrPC and Article 22(1) of the Constitution of India.
• Right to inform relatives/friends: The arresting officer must inform the arrested person’s relatives about the arrest.
• Right to consult a legal practitioner: The arrested person has the right to contact a lawyer.
• Right to be produced before a magistrate: A person cannot be detained for more than 24 hours without a magistrate’s order.
• Right to remain silent: Guaranteed by the Indian Evidence Act and CrPC.
• Right to legal aid and fair trial: Government should provide free legal aid to those in need.

It’s important to remember that attorneys are bound by confidentiality and privilege, ensuring that all information shared with them is protected.

What to do if involved in a False Attempt to Murder case?

There may be instances where an individual must have been falsely accused of an attempt to murder. In such cases, the accused must talk to his/her lawyer and explain the entire scenario to him/her without even minor alterations as such changes can have a big impact on the case. You should discuss the case thoroughly with the lawyer, even multiple times if you believe that you were not able to make your lawyer understand some of the technicalities involved in the case earlier. You must also do your own research about the case and prepare yourself accordingly for the trials with the help of your lawyer. You should follow your lawyer’s instructions properly and take advice for things even as minor as your appearance in the court.

Get the support you need from seasoned criminal lawyers on surakshalegalhelp for a strong defense.

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How to get Bail in an Attempt to Murder case?

Getting bail in a case as serious as an attempt to murder is not an easy task for obvious reasons. The severity of the offence is so much that the crime has been characterized as a non-bailable offence. In order to get bail in such cases, an accused would require very strong reasons. The accused will have to apply for anticipatory bail before the arrest is made. The court will consider various essentials such as antecedents of the accused, his status in the society, the motive for the offence, police charge sheet, etc. After considering all the essentials if the reasons favour accused bail will be granted. It is crucial to take assistance from an experienced criminal lawyer in cases like these.

What happens if a Criminal Charge is not dismissed?

Being charged with a crime, whether major or minor, is a serious matter. A person facing criminal charges, such as mentioned under section 307, risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. While certain legal matters may be manageable independently, any criminal arrest necessitates the expertise of a seasoned criminal defense attorney. Their proficiency ensures the protection of your rights and secure the most favorable outcome for your case. Thus, it is crucial to have a good criminal lawyer by your side when charged with a crime as serious as mentioned under section 307 who can guide you with case and can help get the charges dismissed.

Reach Out To Top Criminal Lawyers in India on surakshalegalhelp to Safeguard Your Rights and Interests

Appeal for a Case under Section 307 IPC

An appeal is a procedure by which a judgment or an order of a lower court/subordinate court is challenged before a higher court. An appeal can be filed by either party to the case before the lower court. The individual who is filing or continuing an appeal is called the appellant and the Court where the appeal has been filed is termed as the Appellate Court. A party to a case does not have any inherent right to challenge the judgment/order of a Court before its superior or higher Court. An appeal can be filed only and only if it is specifically allowed by any law and has to be filed in the specified manner in the specified Courts. An appeal should also be filed in a time-bound manner.

An appeal can be made in a higher court if there are good grounds for the same. An appeal from the district/magistrate court can be made to Sessions court. From the Sessions court, an appeal can be made to the High Court and from the High Court, to the Supreme Court. Both the wife and the accused can go for appeal if the circumstances so arise.

Any person convicted on a trial held by Sessions judge or an Additional Sessions judge or on a trial held by any other court in which a sentence of imprisonment for more than 7 years has been passed against him or against any other person in the same trial can appeal to the High Court.

FAQs

1. What is IPC Section 307?

IPC Section 307 pertains to the attempt to murder. It outlines the legal provisions for punishing individuals who attempt to commit murder. The intention and actions of the accused are key factors in determining the application of this section.

2. What is the attempt to murder section?

The attempt to murder section is Section 307 of the Indian Penal Code (IPC). It deals with the legal consequences for individuals who, with the intent to kill, undertake actions that fall short of causing death but have the potential to do so.

3. What is the minimum punishment for IPC 307?

The minimum punishment for IPC Section 307 is imprisonment of either description for a term which may extend to ten years, and the offender shall also be liable to fine. If hurt is caused to any person by such act, the punishment can extend to imprisonment for life or a term which may extend to ten years, along with a fine.

How can a lawyer help you?

A lawyer having substantial experience in handling criminal cases can guide you through the court procedure and can help you prepare a solid defense for your case. He can prepare you for cross-examinations and guide you on how to answer the prosecution’s questions. A criminal lawyer is an expert in dealing with criminal cases knows how to tackle a particular case owing to his years of experience. Having a good criminal lawyer by your side you can ensure a successful result in your case in the minimum time possible.

Need legal assistance for your case? surakshalegalhelp is your portal to connect with top-tier criminal defense attorneys in the country who can ensure your rights are protected and get you a fair trial.

Important Judgments related to Attempt to Murder

1. Liyakat Mian & Ors. Vs. The State of Bihar, 1983

The four appellants were held guilty under Section 395 of the IPC by the Sessions Court for committing dacoity in the house of Hardeo Mahton.

During the trial, it was held that appellant No. 2 will also be charged for attempt to commit murder under Section 307 of IPC. While the appellants were committing dacoity, appellant No. 2 fired a gun at Burhan Mahton which injured him gravely.

The Sessions Court held that Burhan Mahton died because he succumbed to the injuries caused by accused No. 2 and the accused No.2 would be held guilty of attempt to murder under Section 307.

The Trial Court convicted the accused under Section 395 for dacoity and under Section 307 for an attempt to murder. He punished all the accused of dacoity and gave them nine years imprisonment. The accused was also sentenced to nine years of rigorous imprisonment. It was held that accused no. 2 will serve both punishments simultaneously.

The four convicts filed for an appeal before the High Court. The High Court upheld the decision of the Trial Court and dismissed their plea.

The Apex Court considered all the evidence and dismissed their appeals.

2. Bhishan Singh & Anr. Vs. The State, 2007 SC 1015

Facts of the case: Bishan Singh and Govind Ballabh were convicted for the commission of an offence under Section 147 and 308/149of the Indian Penal Code. Out of a group of 6, they were the only two who had survived. Harish Bhatt, the plaintiff, was assaulted by the accused with lathis. They also took out Rs.400 out of his pocket. In order to save him, the plaintiff’s brother Ghanshyam intervened. But all of the accused attacked Harish Bhatt with an intention to kill him. As a result, Harish Bhatt did not die but received several grievous injuries because of their attack.

Trial Court: The trial judge convicted the appellant under Section 147 IPC for rioting and under 308/149 of IPC. The court sentenced them to imprisonment for one year under Section 147 IPC and four years under Section 308/149 IPC.

In his FIR, the informant said they were threatened by the accused. They argued that the act was done with the intention of murder, but the offence was recorded under 147 and 323 of IPC when the nature of the injuries caused to the victim was not sufficiently grave.

Observations: The appeal was accepted by the Hon’ble Supreme Court of India. It stated that the conviction under Section 147 and 323 IPC was correct and deserved to be upheld.

After reviewing the entire case, the court made an observation that it must also consider the time of intervention by other individuals and the degree of injury caused to determine the extent of the crime.

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