Section 307 IPC – Attempt to Murder

Section 307 of the Indian Penal Code (IPC) provides for the offense of attempt to murder. It prescribes a minimum punishment of seven years imprisonment, extendable to life, and a fine. Repeat offenders may face life imprisonment. If the offense is committed by the life-convicts then the punishment is the death penalty. Recently, the Supreme Court in  S K Khaja v. State of Maharashtra case passed judgment that a conviction of an accused under Section 307 Indian Penal Code, 1860 (IPC) can be sustained even if the injuries suffered by the complainant were very simple.

In this article, we will briefly discuss Section 307 of the Indian Penal Code and the punishment provided for the offense of attempting to murder.

Section 307 of IPC

IPC Section 307 says: “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.” It explains that if someone with the intention or knowledge tries to kill the other person then the case falls under section 307 IPCand the accused can face imprisonment for 10 years and if the act causes any harm to the victim then the accused can face life imprisonment. The offense under Section 307 of IPC is cognizable, non-bailable, and non-compoundable.

Scope of the Section: The section applies when someone tries to kill the other person and in normal course would have killed him but for some reason or the other, did not cause death. The intention of the person and his actions form an important basis for proving the crime and for deciding the punishment. It further states that the punishment for the offense of attempting to murder committed by the life-convicts is the death penalty.

Features of Section 307

The features of section 307 are as follows:

1. The provision deals with situations where someone tries to intentionally kill another person.
2. The weapon used in the offense is used to define the nature of the act.
3. The accused must have the intention to commit the offense.
4. The act should directly threaten the victim’s life.
5. If someone is found guilty of attempt to murder under Section 307, the punishment depends on how serious are the circumstances and consequences of it.

Ingredients of Section 307 IPC

The offense under section 307 is proved if the act fulfils the conditions present in essential ingredients of section 307. The ingredients of Section 307 are given below.

Intention to Commit the Offence

Section 307 focuses on the intention of the offender to kill. It means even if an attempt to murder doesn’t cause death, the focus is on the intention of the perosn to kill. The awareness of the offender that their actions or weapon that is used might result in death of the person. So, the court must assess the offender’s intent or knowledge to determine the offense of the accused under Section 307. In simple words, it’s about whether the person meant to cause harm and knew that it could result in someone’s death.

Nature of the Act

Determining intention involves considering the nature of the act, the weapon used, and the overall seriousness of the situation. In simple words, it’s about figuring out whether the act, if successful, would have led to the death of the person and this helps in understanding the offender’s intention.

Execution of the Act

Section 307 deals with an unsuccessful attempt to commit murder and it involves the intent and preparation for the act. It is followed by the actual execution, which, even if unsuccessful, is punishable as a complete attempt. So, the law considers not just the planning but also the actual effort to carry out the act of murder.

The Act by the Offender would Cause Death in its Ordinary Course

The person must know that their actions are likely to cause someone’s death. They must have the intention to cause harm that could inevitably lead to death. The focus is on the intention related to the consequences of the act that can result in the death of the person.

Section 307 IPC Punishment

The punishment under section 307 IPC includes the following:

Offence	Punishment	Cognizance/ Bail / Triable By
Attempt to murder	10 Years along with Fine	Cognizable / Non- Bailable / By Court of Session.
If the offense causes hurt to any person	Imprisonment for Life or 10 Years along with Fine	Cognizable / Non- Bailable / By Court of Session.
Attempt by life-convict	Death or 10 Years along with Fine	Cognizable / Non- Bailable / By Court of Session.

The punishment is determined by factors such as the intent behind the act, the nature of the act, the harm caused, and the offender’s criminal history.

Nature of Offense under Section 307 IPC

Nature of offense under section 307 IPC is Cognizable, Non-Bailable and Non-Compoundable.

• Cognizable: It makes it mandatory for the police to register and investigate the case.
• Non-Bailable: The court can refuse a bail and remand a person to judicial or police custody.
• Non-Compoundable: The case cannot be withdrawn by the petitioner at his/her will.

Latest Supreme Court Judgement on 307 IPC

Latest Supreme Court Judgement on 307 IPC is S K Khaja vs State of Maharashtra Case. In this case the accused from Nanded, Maharashtra tried to assault a police constable on his head by a Gupti. The constable while protecting himself from the blow on his head, got injured on his right shoulder. The bench of Justices Bela M. Trivedi and Dipankar Datta observed that accused be connvicted under Section 307 IPC even if the injuries suffered by the complainant were very simple in nature. The bench said that even simple injuries don’tprevent the accused if there is an intention along with an act, as proven by evidence in this case and thereby the case fallls under the Section 307 of the IPC.

Challenges in Implementing Section 307 IPC

The various challenges in implementing section 307 IPC includes the following:

1. Proving the intention of the person sometimes become very difficult and challenging.
2. Punishment depends on the severity of the offense and subjectivity arises while deciding for the degree of severity.
3. Legal challenges arises while trial of the case, in investigation or during judicial process.
4. The provision can sometime be misused, with false accusations of attempt to murder. There is a need for a careful balance between protecting victims and preventing abuse of the legal system.

Conclusion

When the intention of the accused to commit the offence, combines with attempt to murder, the offender is found guilty. Knowledge of the offense or the intention forms the basis for the punishment. Weapon or the means/ method used for the offense also forms the another important base for the crime. Punishment severity depends on the extent of the offense, therefore, the punishment can vary from imprisonment for ten years that can extend to life imprisonment or death penalty.

FAQs on Section 307 of IPC

1. What is the live law for 307 IPC?

Section 307 applies that when someone attempts to cause death with the intent to kill, even if the attempt is unsuccessful due to unforeseen circumstances.

2. What is the punishment under Section 307?

The punishment includes imprisonment for a period of 10 years if the accused did not caused any harm. The punishment may extend to life imprisonment is the act caused any harm to the victim.

3. Is bail possible under section 307?

No, the bail is not possible under section 307 , whcih means that the court can refuse a bail and remand a person to judicial or police custody.

4. How do I remove IPC 307?

The settlements between the complainant and the accused cannot lead to the quashing of charges under Section 307 (Attempt to Murder) because it is a non-compoundable offense, meaning the case cannot be withdrawn at the parties’ agreement.

5. What is the case type of 307?

Under section 307 the offense of attempt to murder is punishable with imprisonment for ten years that can extend to life impriosnment along with fine if the act committed has caused hurt to the person.