IPC Section 307 - Attempt to Murder

Section 307 IPC relates to the serious offence of an act of attempting to murder or hurting determined to cause demise and its related punishments. IPC 307 states that any individual who performs an act with the intent or knowledge that, assuming it would bring death, would comprise murder, and deals with punishment.

Furthermore, assuming the act brings about harm to the victim, the wrongdoer might confront much more extreme consequences. In such cases, the wrongdoer can be condemned to life imprisonment or deal with similar repercussions referenced before. Section 307 is critical because it perceives that an attempt to murder is nearly as serious as the act of homicide itself. It stops individuals from attempting such acts by forcing severe punishments, guaranteeing that the intent to cause death is treated with the gravity it merits.

Legal Provision of Section 307: Attempt to Murder

Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life or to such punishment as is hereinbefore mentioned.”

Attempts by life-convicts: “When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.

Simplified Explanation of IPC Section 307:

1. Intent to Kill

Legal Jargon: "Whoever does any act with such intention or knowledge..."

This implies that the individual must have an unmistakable intent to cause somebody's death or know that their activities could probably bring about death. The emphasis is on the thing the individual was thinking or intending when they committed the act.

For somebody to be charged under sec 307, it's insufficient that they hurt another person. The law takes a look at whether they intended to kill the individual or realized their activities could presumably cause death. For instance, assuming that somebody shoots someone else expecting to kill, regardless of whether the shot misses, the intent to kill is clear.

2. The Act Itself and Involvement of Weapons or Dangerous Means

Legal Jargon: "...and under such circumstances that, if by that act death had been caused, he would be guilty of murder..."

The action taken by the person must be something that could have caused death if things had gone differently. If the attempt involves dangerous weapons or methods, like using a gun, knife, or poison, and causes injury, the law views it even more seriously.

The law considers the seriousness of the action. Using weapons or dangerous means shows a higher level of intent and danger. For example, stabbing someone in a vital area like the chest, trying to poison someone, or shooting them with a gun shows clear intent to kill, making the crimes more severe and the punishment more stringent. The law regards the attempt as an intense wrongdoing because the potential result might have been lethal.

3. Punishment

Legal Jargon: "...shall be punished with imprisonment of either description for a term which may extend to ten years, or with imprisonment for life..."

If an individual is found guilty, the individual can be taken to jail for as long as 10 years, or in any event, for life, contingent upon the case. Assuming the act additionally caused injury, the punishment could be considerably stricter.

The punishment reflects the seriousness of the crime. Attempting to kill someone is almost as severe as actually killing them, so the law allows for long prison sentences, possibly for life. If the victim is hurt, the punishment can be even harsher, emphasizing how seriously the law views attempts to kill.

4. Life Imprisonment Possibility

Legal Jargon: "...and where the act has not caused death, the accused may still be sentenced to life imprisonment."

Even if the person doesn’t die, the law allows for life imprisonment because the crime is so serious.

The law recognizes that someone who tries to kill could easily succeed under slightly different circumstances. Because of this, the legal system treats attempts to murder with nearly the same level of seriousness as actual murder, allowing for life imprisonment even if the victim survives.

Ingredients of IPC 307

• Intention to commit offence- 307 section deals with the perpetrator's intent to kill. This means that even if an attempted murder doesn’t result in death, the emphasis is on the individual’s intention to cause harm.
• Nature of the Act- Determining intention requires evaluating factors such as the act's nature, the weapon involved, and the gravity of the situation. Put simply, it's about assessing whether the action, if carried out successfully, would likely have caused death, aiding in understanding the offender's intent.
• Execution of the Act- Section 307 pertains to failed attempts to commit murder and encompasses both intent and preparation for the act. After these, the actual execution, even if unsuccessful, is punishable as a completed attempt.
• The act of the offender would cause death in its ordinary course- The individual must be aware that their actions are likely to result in someone’s death. They must possess the intention to cause harm that could ultimately lead to death.

Is IPC section 307 bailable?

Attеmpt to murdеr undеr sec 307 is a non-bailablе offеnsе, meaning that the accused cannot be released from custody before trial, except undеr spеcial circumstancеs.

Practical Examples Illustrating IPC Section 307

Example 1: Intent Without Harm

An individual shoots at another person with the intent to kill yet misses the objective. Even though no damage was caused, the plan to kill was clear, and the individual can be charged under 307 IPC.

Example 2: Use of Deadly Weapons

An individual attacks another person with a knife focusing on a crucial piece of the body. The utilization of a lethal weapon and the focus of an imperative part might be considered proof of intent to kill under 307 IPC.

Penalties and Punishments Under IPC Section 307

As per section 307 ipc, the punishment for an attempt to murder fluctuates given the degree of damage caused and the criminal history of the wrongdoer:

1. Attempt to Murder: When somebody is indicted for attempting to murder someone, they can be condemned to jail for 10 years. Additionally, the wrongdoer may likewise be expected to pay a fine as a consequence.
2. Attempt to Murder Resulting in Hurt: If the attempted murder brings about injury to the victim, the guilty party can confront either life imprisonment or imprisonment for a term of 10 years, notwithstanding a fine. Harming somebody during the time spent attempting to kill them is viewed as a more serious offence, justifying harder punishment. This guarantees that the people who are hurt while attempting to kill are considered completely responsible for the harm they cause.
3. Attempt to Murder by a Life Convict: If people previously carrying out a life sentence attempt to murder someone else and cause hurt simultaneously, they might face either the death penalty or detainment for a term of 10 years, alongside a fine. Their willingness to perpetrate another serious crime, as attempted murder, shows a continued danger to society. The possibility of the death penalty mirrors the gravity of their activities and means to shield others from additional damage.
4. Non-Bailable Offense: In legal terms, a non-bailable offence implies that an individual accused of the wrongdoing doesn't have an automatic right to be released on bail while anticipating trial. The magistrate has the discretion to deny bail, meaning the accused could stay in custody until the trial is over.
5. Non-Compoundable Offense: A non-compoundable offence implies that the parties engaged with the crime can't come to a private settlement to drop the charges. The case should go through a legitimate process, and only the court has the power to determine the result.
6. Cognizable Offense: A cognizable offence implies that the police have the power to capture the accused without a warrant and begin an investigation quickly after getting a complaint. The police are obligated to make a move and can't overlook or defer the investigation.

Notable Case Laws Related to IPC Section 307:

Jage Ram v. State of Haryana (2015)

Citations: 2015 AIR SCW 910, 2015 (11) SCC 366

The Supreme Court had observed that while grievous or life-threatening injury was not necessary to maintain a conviction under ipc 307 section, ‘The intention of the accused can be ascertained from the actual injury if any, as well as from surrounding circumstances. In addition to other things, the nature of the weapon utilized, and the seriousness of the blows caused can be considered to infer intent.

State of Maharashtra v. Balram Bama Patil and Others, 1983

Citations: AIR1983SC305, 1983CRILJ331

In this case, the court set out that it isn't required that substantial injury equipped for causing death ought to be incurred to hold the accused guilty under sec 307. Although the nature of injury caused may help determine the intention of the accused, such intention may also be determined from other circumstances too.

S.K. Khaja vs. State of Maharashtra 2023

In this case, the accused attempted to attack a police constable with a Gupti focused on his head. Nonetheless, while safeguarding himself, the constable experienced a physical injury to his right shoulder. The Supreme Court stressed that regardless of whether the wounds were minor, the accused may as yet be sentenced under sec 307 of the IPC if there is obvious proof of intent combined with the act. They clarified that the severity of the injuries does not negate the offence if intent to cause harm is established, thus falling under sec 307 of the IPC.

Rambabu vs. The State of Madhya Pradesh 2019

In this case, the accused was found guilty under ipc 307, which manages attempted murder. The court condemned the accused to 5 years in jail and forced a fine of Rs. 5000. Bail was denied because of the seriousness of the offence. The court emphasized that any injuries inflicted, regardless of severity, fall under Section 307 and merit punishment, including fines.

Recent Changes

There have been no recent amendments in Section 307. The main amendment consolidated in the section was through Amendment Act 26 of 1955. According to the revision, the offence is presently punished with " imprisonment for life" rather than " transportation for life".

Moreover, section 307 additionally provides for the death penalty for attempted murder by "life-convicts." This amendment was consolidated through Amendment Act 27 of 1870.

Key Insights & Quick Facts

1. Intention is Key: The essential focal point of Section 307 is on the intent of the guilty person at the hour of the act. Regardless of whether the attempt comes up short, the intent to cause death can prompt extreme punishment.
2. Use of Deadly Means: The use of weapons or dangerous methods heightens the seriousness of the crime under this section. The law considers the technique and the setting in which the act was committed.
3. Punishments: The section allows up to 10 years of detainment, life imprisonment, or even the death penalty if the wrongdoer is already a life convict. The punishment is more serious assuming that the act brings about injury.
4. Legal Characteristics: Sec 307 is non-bailable, non-compoundable, and cognizable, and that implies the accused has restricted choices for bail, can't privately settle the case, and can be arrested without a warrant.
5. Judicial Precedents: Courts have consistently held that the intent to kill, even without serious damage, can be enough for a conviction under this part. Cases have emphasized that even minor injuries can lead to a conviction if the intent to cause death is established.