Attempt to Murder - Section 307
IPC sections 307 and 308 of the code deal with the offenses of an attempt to murder and attempt to commit culpable homicide amounting to murder. Both these sections have expressed in similar language and so should be interpreted in the same way. Section 307, IPC attempts to commit murder punishable up to 10 years of imprisonment, and if hurt caused up to life imprisonment with fine. Consult the best criminal lawyer Ingredients: To attract the provisions of IPC 307, all the ingredients of murder short of death must exist, viz- The death of a human being must be attempted The accused must have attempted to cause causing death, or it is done to cause such bodily injury as: 1. The accused knew to be likely to caused death, and 2. That it was sufficient in the ordinary course of nature to cause death The accused attempted to cause death by doing an act known to him to be imminently dangerous that it must in all probability cause: 1. Death, or 2. Such bodily injury as is likely to cause death The element of Liability: To constitute an attempt at common law there must be evidence of some overt act as sell as evidence of men’s rea. The burden is therefore on the prosecution to show: The actus new, that the accused had done something which in point of law marked the commission of the offense, and Thoffenserea that in taking this step he was inspired by the intention to go to reach a definite objective (viz, an intent to cause death) Which would constitute a specific offense. A person commits an offense under sec 307 IPC where He has an intention to commit murder, and In pursuance of the intended dose an act towards its commission irrespective of the fact whether that act is the penultimate act or not. Thus, to commit an offense under section 307, IPC there must be an act under such circumstances That death might be caused if the act took effect, That the act complained of must be culpable of causing death in the ordinary course of events If the act was not of that description, a person could not be convicted of an attempt in murder under section 307, through the act was done to cause death and was in the belief of the prisoner to cause death. For a conviction under this section, the accused don’t need to be charged at every stage in the offense, except the final stage. It is enough if in the attempt he did an act towards the commission of the offense. The crucial stage test is where the law act, if the natural consequence of his act should result in death but he was frustrated by extraneous circumstance, he would be guilty of an attempt to commit the offense of murder. The act to fall within section 307, IPC must be such that but for the intervention of some circumstances beyond the control of the accused it would, if completed here resulted in death.
Punishment for Attempt to Murder Under Section 307 IPC
Offense and its Punishment
Attempt to Murder - 10 years + Fine
If such an act caused Hurt to that person - Imprisonment for Life or 10 Years + Fine
Attempt to Murder by life-convict, if hurt is caused - Death or 10 Years + Fine.
How To Defend A Case Under Section 307
A person who is charged with an attempt to murder can face severe punishments and penalties if convicted.it is equally difficult for the petitioner to prove the charges levied by him or her. Therefore this is the reason both the petitioner and the defendant should be thrown in pretending the case .In order to defend the case the arrested person must know both before and after the arrest. For this purpose, the arrested person might take the help of a legal practitioner. One should also prepare a proper chart of events that happened as well as of the case and note it on a piece of paper so that it becomes easier for him and the lawyer to go strategically and successfully conduct the trial and convince the court to give the judgment on the persons favor. one must also sit with a lawyer and understand the procedure relevant laws governing the case as well as the risks situated in the case.
Article 22(1) of the Indian constitution and section 50(1) of CrP.C 1973, states that a person has the right to be informed of d the grounds of his arrest.
Section 50Aof CrP.C states that the arrested person has the right to get his relatives and friends informed, the police officer after he arrests a person has to inform the family friend or relatives of the accused about everything that about the reasons as well the place where the accused will be kept.It is the sole duty of the police officer to inform the arrested person about his rights.
Section 50(2) of the CrP.C states the right to be informed about the right of ail. The right to be produced before delay. Section 56 of Cr.P.C. and Article 22(2) of the Constitution of India It is illegal to keep a person in detention for more than 24 hours without the orders of the Magistrate
Under Article 22(1) of the Constitution of India, along with Section 41D of CrPC, and Section 303 of CrPC, the Right to consult a legal practitioner and a free legal aid
Section 76 of Cr.PC states the right of not being detained for more than twenty-four hours. It is not legal to manhandle a person at the time of arrest. A right to be examined by a medical advisor. Being honest and open to your attorney’s questions is the best route of mounting a sound legal defense
Famous Judgements :
Rambabu Vs. The State of Madhya Pradesh 2019
In the above case, the accused was convicted under section 307 of IPC. The court declared the sentence of 5 years of imprisonment and charged an amount of 5000 as a penalty. The court held the accused guilty under section 307 of IPC and the bail was not granted. the court held that any injuries that were caused to the other person despite their severity attract the punishment as mentioned under section 307 of IPC. All injuries shall be considered as an offense and the accused person shall be punished with a penalty implemented.
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In Sarju Prasad v state of Bihar, AIR 1965 SC 843: 1965 BLJR 316: J 766, the supreme court held that the mere fact that the injury inflicted did not wholly cut any vital organ of the injured is not by itself sufficient to take the act out of the purifies of section 307, IPC but the prosecution must establish that his intention was one of the three kinds mentioned in clauses 1 to 3 of section 300, IPC. The state of mind of the accused has to be deducted from the surrounding circumstances and the motive would be the relevant circumstances. The brief fact of the present case were that on 23 February 1961, Madan Mohan Saha and Shankar Prasad Shrivastava were attacked while they were passing through the Dhaime chowk at about 1:30 pm by Sunil prasad sustained grievous hurts and that these injuries were inflicted upon them by Sushil Chand Jain with such intention or knowledge and under such circumstances that if they had resulted in death the offense would have been that of murder and Thus, the offense would fall under section 307, IPC.
This beautiful article on IPC Section 307 was drafted by Ms. Sneha Saha, B.A.LLB. (H) - 2nd Year student, Amity University Mumbai, Maharashtra.| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Attempt to murder | 10 Years + Fine | Cognizable | Non-Bailable | Court of sessions |
| If such act causes hurt to any person | Imprisonment for Life or 10 Years + Fine | Cognizable | Non-Bailable | Court of sessions |
| Attempt by life-convict to murder, if hurt is caused | Death or 10 Years + Fine | Cognizable | Non-Bailable | Court of sessions |
| Offence | Attempt to murder |
|---|---|
| Punishment | 10 Years + Fine |
| Cognizance | Cognizable |
| Bail | Non-Bailable |
| Triable By | Court of sessions |
| Offence | If such act causes hurt to any person |
| Punishment | Imprisonment for Life or 10 Years + Fine |
| Cognizance | Cognizable |
| Bail | Non-Bailable |
| Triable By | Court of sessions |
| Offence | Attempt by life-convict to murder, if hurt is caused |
| Punishment | Death or 10 Years + Fine |
| Cognizance | Cognizable |
| Bail | Non-Bailable |
| Triable By | Court of sessions |
