SECTION 307 IPC - Indian Penal Code - Attempt to murder

Description of IPC Section 307

According to section 307 of Indian penal code, 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.

IPC 307 in Simple Words

Section 307 of the Indian Penal Code states that if someone does an act with the intention or knowledge that, if it caused death, it would be considered murder, they can be punished with imprisonment for up to ten years, and may also be fined; if the act causes hurt to any person, the offender may be sentenced to life imprisonment or the punishment mentioned before, and if the offender is already serving life imprisonment, they can be punished with death if hurt is caused.

Illustrations of Section 307 in the Indian Penal Code

1. A shoots at Z with the intention to kill him, under such circumstances that, if death ensues, A would be guilty of murder. A is liable to punishment under this Section.

2. A, with the intention of causing the death of a child of tender years, exposes him in a desert place. A has committed the offence defined by this section, even though the death of the child does not ensue.

3. A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence, A fires the gun at Z. He has committed the offence defined in this section, and if by such firing he wounds Z, he is liable to the punishment provided by the latter part of the first paragraph of this Section.

4. A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping ; A has not yet committed the offence defined in this Section. A places the food on Z’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this section.

Essential Ingredients for Attempt to Murder under Section 307

The essentials to prove an offence under Section 307 (Attempt to Murder) of the Indian Penal Code are:

1. Nature of the Act: The act attempted should be of such a nature that if not prevented or intercepted, it would lead to the death of the victim.

2. Intention or knowledge of committing the offence: The intention to kill is needed to be proved clearly beyond reasonable doubt. To prove this, the prosecution can make use of the circumstances like an attack by dangerous weapons on vital body parts of the victim, however, the intention to kill cannot be measured simply by the seriousness of the injury caused to the victim.

3. Performance or execution of offence: The intention and the knowledge resulting in the attempt to murder by the accused is also needed to be proved for conviction under the section.

4. The act by the offender would cause death in its ordinary course.

The essentials to prove an offence of Murder under Section 302 of the Indian Penal Code are:

1. An Intention to cause death.

2. The said act must be done with the knowledge that the act is likely to cause death of the other person.

3. There should be an intention to cause such bodily injury that is likely to cause death.

‘Attempt’ in Indian Penal Code

Section 511 of the IPC is a specific section which states the punishments for an “attempt” to commit an offence (as per the Indian Penal Code). If an act is a crime under the Indian Penal code, an attempt to do that criminal act is also a crime and punishable under Section 511 of the Indian Penal Code.

Scope of Section 307 of the Indian Penal Code

Section 307 deals with the offence of attempt to murder. This Section is applied when an action is taken by an individual, that would, in its ordinary course, cause the death of another individual, but for some reason or the other, did not cause death.

For example - Ms. X has planned to murder Mr. Y. She collects some toxic chemical drops with a clear intention to mix it 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/assistant to give 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.