Section Overview
Section Number:
IPC Section 307
Section Title:
Attempt to Murder
Act:
Indian Penal Code, 1860 (IPC)
Status:
Substantially retained under Bharatiya Nyaya Sanhita (BNS), 2023 with corresponding provisions relating to attempt to murder.
Applicability:
IPC Section 307 applies when:
-
A person performs an act intending to cause death; OR
-
Acts with knowledge that the act is likely to cause death;
-
Death does not actually occur;
-
The circumstances are such that if death had occurred, the offence would have amounted to murder.
The section punishes the attempt itself, even if the victim survives.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 307 ka simple matlab hai ki agar koi vyakti kisi ko maarne ki koshish karta hai, lekin victim bach jata hai, tab bhi us par serious criminal case ban sakta hai.
Simple words mein:
"Murder karne ki koshish karna bhi utna hi serious crime hai."
Legal Definition (Original Law Text)
IPC Section 307 states:
“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.”
Practical Interpretation
Courts focus on:
Intention
Whether accused intended to kill.
Knowledge
Whether accused knew death was likely.
Nature of Act
The act must go beyond mere preparation and become an actual attempt.
Circumstances
If death had occurred, would it amount to murder?
If answer is yes, Section 307 may apply.
Difference Between Preparation and Attempt
Preparation
Planning or arranging means.
Example:
-
Purchasing weapon.
Usually not punishable.
Attempt
Direct action toward committing murder.
Example:
-
Firing a gun at victim.
Punishable under Section 307.
Essential Ingredients of Section 307
Intention to Cause Death
There must be murderous intent.
Overt Act
The accused must perform a direct act.
Capability of Causing Death
The act must be capable of causing death.
Failure of Result
Death does not occur.
Why IPC Section 307 Was Introduced?
The legislature recognized that:
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Serious attempts to kill should not go unpunished merely because victim survived;
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Criminal liability depends on intention and conduct;
-
Society must be protected from dangerous offenders.
Importance of the Provision
IPC Section 307:
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Protects human life;
-
Prevents violent crime;
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Punishes dangerous conduct;
-
Acts as strong deterrence.
Difference Between IPC Sections 307 and 308
IPC Section 307
Attempt to murder.
IPC Section 308
Attempt to commit culpable homicide not amounting to murder.
Section 307 involves stronger intention and greater seriousness.
Punishment & Legal Classification
Punishment
General punishment:
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Imprisonment up to 10 years; and
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Fine.
If hurt is caused:
-
Imprisonment for life may also be imposed.
If offender is already serving life imprisonment and causes hurt during attempt:
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Death penalty may be imposed in exceptional circumstances under statutory provisions.
Bailable / Non-Bailable
Non-Bailable.
Cognizable / Non-Cognizable
Cognizable.
Compoundable
Generally Non-Compoundable.
Triable By
Court of Session.
IPC ↔ BNS Mapping
IPC Section
IPC Section 307
BNS Equivalent
BNS contains corresponding provisions relating to:
-
Attempt to murder;
-
Attempted homicide offences.
Status
Concept retained under BNS.
Real-Life Examples
Example 1: Shooting with Intent to Kill
A person fires a gun at another person intending to kill, but the victim survives.
Section 307 applies.
Example 2: Multiple Stab Injuries
An accused repeatedly stabs a victim in vital body parts, but immediate medical treatment saves the victim.
Attempt to murder may be established.
Example 3: Poisoning Attempt
A person secretly administers poison intending to cause death, but the victim receives timely treatment.
Section 307 can apply.
Landmark Judgments
Case Name:
State of Maharashtra v. Kashirao
Court:
Supreme Court of India
Key Takeaway:
Nature of injury alone is not decisive; intention is crucial.
Case Name:
Hari Singh v. Sukhbir Singh
Court:
Supreme Court of India
Key Takeaway:
Section 307 depends largely on intention and surrounding circumstances.
Case Name:
Jage Ram v. State of Haryana
Court:
Supreme Court of India
Key Takeaway:
Actual death is not necessary for conviction under Section 307.
Case Name:
Om Prakash v. State of Punjab
Court:
Supreme Court of India
Key Takeaway:
A deliberate attempt to take life can attract Section 307 even if injuries are not fatal.
Legal Insights
When Is This Section Applied?
IPC Section 307 is applied when:
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Intention to kill exists;
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Serious assault occurs;
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Dangerous weapon is used;
-
Victim survives despite attack.
Common Misuse Scenarios
Ordinary Assault Converted into Section 307
Simple injury cases are sometimes exaggerated.
Family or Property Disputes
Section 307 may be invoked to increase pressure on accused.
Absence of Murderous Intention
Severe injury may exist but intention to kill may be absent.
Political or Personal Rivalries
False implication sometimes occurs.
Defenses Available
Lack of Intention
No intention to kill.
Sudden Fight
Incident occurred without premeditation.
Self-Defence
Act was lawful self-protection.
No Attempt
Conduct did not go beyond preparation.
False Implication
Accused is wrongly identified or implicated.