Section 307 of the Indian Penal Code (IPC): Attempt to Murder

Index
1. What is Section 307 IPC?
2. Punishment for Attempt to Murder
3. Gravity of Punishments
4. Elements of Section 307 IPC
5. Mens Rea in IPC 307
6. Offence Classifications Under IPC Section 307
7. Stages of Crime
8. Trial Procedure
9. Case Laws
10. Comparison of IPC 307 with Other Offences
11. FAQs on IPC 307

Not every crime and law comes under IPC. However, IPC covers serious offence like attempt to murder which outlines the offence, the factors that constitute it and associated penalties.

What is Section 307 IPC?

Section 307 of the Indian Penal Code deals with issues related to attempts of murder.

According to Section 307 of the Indian Penal Code, anyone who commits the act with the intention or not but causes the death of any person will be guilty of murder and will be punishable by imprisonment of at least ten years or a fine. 

An attempt to do murder comes under Section 302 of the IPC.

People Also Read: Acquittal under Section 323 IPC

Punishment for Attempt to Murder (Section 307 IPC)

Section 307 of the IPC strongly considers the offence of intention to kill. The punishment for an attempt of murder can be a minimum of 10 years and there might be fines included as well.

Here’s a detailed look at the different punishments:

1. Imprisonment for up to Ten Years:

For instance, if any person is accused of attempting to murder any person, then the imprisonment can be from 10 years at the least and there might be fines along with imprisonment.

2. Life Imprisonment or Other Punishments: 

The perpetrator faces life in prison or any other sentence the court deems suitable if the act causes injury to any person.

3. Special Provision for Life Convicts: 

The punishment can be cruel as the death penalty can also be served for harming any other person’s life.

4. Non-Bailable Offense: 

section 307 of IPC contains a non-bailable offence, and according to this authority can refuse to grant bail to the accused

5. Cognisable Offense: 

A cognisable offence under Section 307 IPC, the police are ordered by law to report and look into the matter.

Understanding the Gravity of Punishments

The seriousness of the incident is outlined in Section 307 with penalties attempt to matter.

Here, Section 307 of IPC has many criteria, including the accused criminal past, the behaviour of the conduct, the harm made, and the intention behind the incident, which influence the method of judgment of suitable punishment.

1. Intent to Kill:

The court trials must prove that the accused has performed the act and was attempting to kill for sure. There are many factors that may be utilised to understand the degree of injuries of the victim and the intent of the accused.

2. Use of Deadly Weapons:

Evidence of purpose could include the use of lethal force or an assault on a victim’s critical organs.

3. Previous Convictions: 

Previous convictions, particularly for violent offences, depend on how the sentence is meted out.

The serious offence of attempting to commit murder is punished with proper suitable Section 307 of the IPC.

The law recognises the complexity of human behaviour and intent while giving judgment over the matter.

The law gives a structured framework for the act, with multiple options which include fines, life in jail, or death penalty in exceptional circumstances.

Essential Elements of Section 307 IPC

Some necessary components which come under the Section. 

• The targeted act must be clear that the accused was totally intended to kill the victim if it weren’t prevented in time.
• It is necessary to have an intent to kill beyond a reasonable doubt.
• Alone the seriousness of the victim’s injury cannot tell the intent of killing. 
• To prove this, the prosecution will present evidence, such as an attack on the victim with some weapons.
• In compliance with this clause, it is also necessary to demonstrate that the defendant intended to conduct the attempted murder in order for them to be found guilty.
• Under normal circumstances, the perpetrator’s conduct would lead to their demise.

Mens Rea (Guilty Mind): An Important part of Section 307 IPC

If the accused of the crime’s mental condition at the moment when the accused performed the act this comes under Mens Rea. When it comes to the judgment of guilt alongside Section 307 IPC of Attempt to Murder, mens rea is essential.

Understanding Mens Rea

Mens Rea refers to the mental condition of the person accused of the crime while performing the act.

1. Intention to Kill: 

Section 307 IPC states that the trial has to demonstrate that the accused of the crime had the specific intent to kill. 

2. Knowledge of Consequences: 

The accused must be aware that the deed can be fatal. Mens Rea also applies in cases where there is no explicit intent to kill but knowledge of the possibly criminal or illegal act.

3. Recklessness:

Mens rea may also be applied to cases of extreme carelessness or recklessness in which the accused fails to consider the possible dangerous consequences which might end up risking someone’s life.

Importance in Section 307 IPC

Proving Mens Rea is constantly the most difficult part of a murder case. It necessitates a thorough analysis of the available data, witness accounts, and occasionally professional psychological testing.

1. Differentiating Between Attempt and Preparation:

Mens Rea aids in differentiating between an attempt at murder and mere planning. A guilty mind means someone is planning to attempt a crime on someone.

2. Influencing Punishments: 

The strictness of the sentence can change depending on the state of Mens Rea. A serious punishment could be stated for having an intention of killing as opposed to careless behaviour.

3. Weapon Used:

The types of weapons used can describe the intent behind the purpose of the crime. A weapon that is lethal or sharp can indicate a deliberate attempt to kill.

4. Targeted Body Part:

The targeted body parts that are attacked by the accused may very well tell the intent of the accused in doing the crime. Targeting locations that are likely to result in death or important organs could indicate a conscious desire to kill.

5. Nature of Injury:

The nature and level of the harm inflicted upon the victims may also act as an indicator of the accused’s intent. Injuries that induce grief, especially when they target important body parts.

6. Case Law:

The Supreme Court maintained a conviction under Section 307 IPC in the case of Sadakat Kotwar v. State of Jharkhand, highlighting the need to determine intention based on the previously listed grounds.

Offence Classifications Under IPC Section 307

• Cognizable and Non-Cognizable Offences: There are two types of offences: Cognizable (where police can arrest without a warrant) and Non-Cognizable (where a warrant is required). Section 307, which deals with the offence of “attempt to murder,” falls under the cognizable category. When a crime is committed under this section, the first step is to file an FIR at the nearest police station, after which the police are authorized to begin the investigation.
• Non-Bailable Offence: A complaint filed under Section 307 is classified as non-bailable. Which means the accused does not have the automatic right to bail and the magistrate has the discretion to grant or deny bail, potentially keeping the accused in police or judicial custody.
• Non-Compoundable Offence: Offences under Section 307 are non-compoundable, meaning that the complainant cannot unilaterally withdraw the case. The court must decide whether or not to allow the case to be withdrawn and the accused cannot be acquitted solely based on a compromise between parties.

Stages of Crime Under Criminal Law

• First of all, the first stage is having the intention to commit a crime. It could be defined as a person’s willingness to take action. However, it is not illegal to just intend to do something wrong. The criminal aim is furthered in large part by the physical act. The malevolent intention or guilty thought should show up physically.
• The preparation stage includes the plans that a person makes to commit a crime.
• But, even as of right now, no crime has been committed. While basic preparation for any purpose is not illegal, the Indian Penal Code permits particular behaviours to be punished at this point. 
• The attempt happens when someone is ready to commit a crime. Nowadays, attempting to commit a crime is a direct action.
• For an offence to be considered complete, the intended crime must be carried out in its totality. After the crime is committed, the perpetrator will be declared guilty.
• Someone cannot be prosecuted for a crime only for acting maliciously. There must be a physical activity that can be seen. An attempt must be undertaken with the intention of committing the crime for it to be regarded as such. For Section 307 to be applicable, the behaviour must typically have the potential to cause the death of another person.

Attribute	Details
Section Number	307
Description	Attempt to Murder
Punishment	Imprisonment for up to 10 years and a fine. Life imprisonment if hurt.
Cognisable or Non-Cognisable	Cognisable
Bailable or Non-Bailable	Non-Bailable
Triable By	Court of Session
Offence Type	Non-Compoundable

Trial Procedure for Section 307 Cases

• The starting step is to file an FIR with the police about the crime. Section 154 of the Code of Criminal has covered this.
• The next step after filing the FIR is the investigation by the investigating officer. After analysing pertinent facts and circumstances, obtaining pertinent evidence, speaking with pertinent parties, and taking other necessary steps, the officer wraps up and is ready for the investigation.
• The charge sheet is subsequently given to the magistrate by the police. Every offence specified on the charge sheet is alleged against the accused.
• Before deciding how to frame the charges, the magistrate hears the parties’ arguments regarding the charges that have been set on the designated hearing date.
• When the charges are also framed, the accused can also given an opportunity to say that he was guilty and it is also the responsibility of the judge to determine whether the guilty was voluntary or not. What this relates to is stated under Section 241 of the 1973 Code of Criminal Procedure. The accused may be acquitted, or the judge may think that the accused is guilty.
• The allegations are made, the accused enters a plea of “not guilty,” and the prosecution, which originally has the burden of proof presents the evidence. Proof may be provided verbally or in writing. The magistrate is entitled to request any person to witness or to present any document.
• When testimonies for the judgment are heard in the courtroom, the person who is accused of the crime or his lawyers can try to discredit these witnesses through cross-examination.
• The trials of the crime will subject witnesses to cross-examination if the defence calls any.
• Once each side has presented their evidence to the court, the judge or court will review the evidence.
• In the stage of closing arguments, which comes closer to a verdict, the judge hears the final oral arguments from each party in turn (prosecution first, defence second).
• After taking into account all the facts and circumstances, the arguments made, and the supporting evidence, the Court makes its decision. After outlining its reasons for convicting or acquitting the accused, the Court renders its final decision.
• If the accused is judged not guilty, they are released from penalty; but if proven guilty, they are condemned to prison.
• The duration or harshness of the sentence will be decided at a hearing if the accused is found guilty and given a jail sentence.
• Higher courts may hear an appeal if the situation permits. Sessions Court to High Court and High Court to Supreme Court appeals are both possible.

Examples and Case Law of Section 307 IPC

Previous court decisions and examples from real-life experiences give out the best understanding of what exactly Section 307 is and the use case of Section 307 under the Indian Penal Code (IPC).

Example 1: Non-harmful intent

Situation: If someone points a gun on somebody and fires on that person with the intention of killing or causing the death of the person but the bullet does not hit them or misses.

Case Law: Section 307 says that there will be charges for the accused even if there will be no physical damage if there is a clear intent to kill.

Example 2: Employing Lethal Weapons

Situation: If someone swings a knife on someone with the intent of causing harm or killing.

Case Law: Section 307 IPC may deem the employment of a deadly weapon and the targeting of a crucial portion as proof of intent to kill.

Case Law: State of Maharashtra vs. Balram Bama Patil & Others (1983)

Case Summary: If a person victim of an attempt of murder suffers from serious injuries when that person is attacked with any weapons, then an investigation is performed on which kind of attack was it what weapons were used for the crime is done.

Conclusion: The court held that the act itself and the accused’s purpose are crucial factors in establishing guilt, and it found the accused guilty in accordance with Section 307 IPC.

Case Law: Sarju Prasad vs. State of Bihar

• Case Summary: If the accused of the crime shoots a bullet at the victim with the intent of killing him but misses the victim, then this comes under court to decide whether the attempt is qualified as an attempt of murder or not.
• Judgment: Even if No harm was caused to the victim, the court may very well determined that firing with the intent to kill was enough to qualify the attempt to murder under Section 307 IPC.

Case Law: State of Andhra Pradesh vs. Rayavarapu Punnayya

• Case Summary: In this instance, there was an apparent lack of immediate intent to murder during an attack using a lethal weapon.
• Judgment: According to the court, establishing the purpose of killing under Section 307 IPC required careful consideration of the weapon’s characteristics, how it was used, and the body part that was targeted.

This section’s examples and cited legal cases offer important context for understanding how to interpret and apply Section 307 IPC.

They illustrate how crucial it is to consider the nature of the conduct, the motive behind it, the use of lethal force, and the targeting of critical bodily parts when assessing guilt.

These actual cases and court rulings provide helpful manuals for comprehending the intricacies of the legislation surrounding attempted murder.

Comparison with Other Offenses

Any attempt to cause the death of any person or murder of anyone comes under Section 307 IPC, while murder cases come under Section 302 IPC.

Attempt to Murder (Section 307) vs. Murder (Section 302) 

• Type of Crime: Murder is Section 302 of the IPC, while an attempt to Kill is Section 307 of the IPC 
• Intent: While both need the intent to cause death, Section 307 emphasises the attempt rather than the outcome.
• Punishment: While Section 302 may result in the death penalty or life in prison, Section 307 may result in up to ten years in prison or life imprisonment.
• Legal Complexity: Since proof of purpose is needed even in cases where there is no physical harm, proving an attempt at murder may be more difficult.

Attempt to Murder in Section 307  of IPC vs. Culpable Homicide in Section 299 of IPC

• Type of Crime: Inflicting death with planning is dealt with by Section 299 and  attempting to kill is dealt with by Section 307 
• Intent: While culpable murder may contain a purpose to cause physical injury likely to result in death, Section 307 needs a clear intent to kill.
• Punishment: Minimum imprisonment of 10 years and it also includes fines.
• Legal Complexity: To appropriately identify a culpable murder, it is important for one to comprehend an accused’s state of mind and certain details surrounding a crime, while a murder attempt involves an explicit desire to bring about death.

There is a grave difference between an attempt on life and other similar crimes, such as murder or culpable homicide, which draws attention to their various characteristics and intricate details.

These differences should be known to legal practitioners, law enforcement agencies and society in general in order to facilitate navigation through the legal system concerning these important crimes.

Conclusion

Since the attempt to murder is one of the most serious offences that has stringent punishment prescribed under  Section 307 Indian Penal Code, it is important to understand this law. We understand that the purpose forms part of an attempt to murder. Hence the offender will only be charged under Section 307 if the intended victim is not killed. 

Indian Penal Code Section 307 is regarded as one of the most horrible offences; this law provides considerable punishment and the proper legal procedure for the offender. In order to learn more, one should consult a lawyer. 

Frequently Asked Questions on Section 307 of Indian Penal Code (IPC) – Attempt to Murder

Q1. What is the punishment for an attempt to murder?

Ans1. 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.

Q2. What are the cases under section 307?

Ans2. Some case laws under section 307 are as below

• Narinder Singh & Ors vs State Of Punjab & Anr on 27 March 2014.
• The State Of Madhya Pradesh vs Laxmi Narayan on 5 March 2019.
• The State Of Madhya Pradesh vs Dhruv Gurjar on 22 February 2019.
• State Of Rajasthan vs Shambhu Kewat & Anr on 28 November 2013.
• State Of M.P. vs Deepak & Ors on 10 September 2014.

Q3. What is a 307-section fine?

Ans3. The court can charge Rs. 5,000 as a penalty, however, it may vary from case to case. 

Q4. How many years in jail for murder?

Ans4. Indian Penal Code details that whoever commits murder shall be punished with death or imprisonment for 10 years and shall also be liable to a fine.

Q5. What evidence is required to prove 307?

Ans5. As per Gujarat High Court. With every crime, a question of “intention” does come along; intention plays a key role in the cases of attempting to commit a crime. “What is material to attract offence under section 307 of the IPC is the intention or knowledge with which all the acts are done irrespective of its result”

Q6. Can IPC 307 be withdrawn?

Ans6. The Supreme Court has observed that under Section 307 of the IPC (Attempt to Murder) cannot be quashed, even when there is any settlement between the complainant and the accused, as it is a non-compoundable offence.

Q7. What is the maximum sentence in 307 IPC?

Ans7.

• Offence: Attempt to murder If such act causes hurt to any person Attempt by life-convict to murder, if hurt is caused
• Punishment: 10 Years + Fine Imprisonment for Life or 10 Years + Fine Death or 10 Years + Fine

Q8. What is the rule 307?

Ans8. Pertinently, Section 307 of the IPC prescribes punishment for attempt to murder. The punishment can extend up to 10 years and in case the victim is hurt, then the maximum punishment is imprisonment for life.

Q9. What is the period of the chargesheet of 307 IPC?

Ans9. For cases under 307 of IPC, the chargesheet needs to be filed within a period of 60 days.

Q10. What is Section 307 of the Hindu law?

Ans10. (i) The deceased has made a specific bequest of part of his property. The executor, not having assented to the bequest, sells the subject of it. The sale is valid.
(ii) The executor in his discretion, mortgages a part of the immovable estate of the deceased.

Q11. Can anticipatory bail be granted in 307 IPC?

Ans11. The grant of anticipatory bail in a case under Section 307 IPC, particularly when there was a cross-case, could not have been legally made the basis of compulsory retirement in particular…he had granted anticipatory bail in a case under Section 307 IPC, categorisation for 1991-92, 1992-93 and 1993-94 was done “at one go” which is unreasonable and not fair.

Q12. Can you get 7 years for murder?

Ans12. Depending on the facts of the offence, the starting point for the minimum time served in prison for an adult ranges from 15 to 30 years. For an offender under 18, the starting point is 12 years. It is unusual, but some offenders receive a whole life tariff, which means they will spend the rest of their life in prison.

Q13. What is the highest penalty for murder?

Ans13. First-degree murder usually carries the maximum penalties under state law. In states with capital punishment, the maximum sentence for first-degree murder can be the death penalty. In states without the death penalty, the maximum penalty for first-degree murder is generally life imprisonment.

Q14. What is the Supreme Court Judgement on Section 307 IPC?

Ans14. Saleem, (2005) 5 SCC 554, wherein it was held that “to sustain a conviction under Section 307, IPC, it was not necessary that a bodily injury capable of resulting in death should have been inflicted.

Q15. What is CRPC Section 307?

Ans15. At any time after the commitment of a case but before judgment is passed, the Court to which the commitment is made may, with a view to obtaining at the trial, the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same condition to such people.

Q16. What if a minor murders someone?

Ans16. If the court finds the juvenile guilty of the crime, they can face punishments such as probation, custody or commitment to a rehabilitation centre. If transferred to adult court and found guilty, they could face potentially harsher punishments like life in prison without parole or even death by lethal injection.

Q17. Can 307 FIR be quashed?

Ans17. If an offence is punishable under Section 307 of IPC; then the F.I.R. cannot be quashed as per the judgment of the Hon’ble Supreme Court.

Q18. What is the replacement of IPC 307?

Ans18. Previously Section 307 in the Indian Penal Code, the offence is now covered under Section 109 of the Bharatiya Nyaya Sanhita.

Q19. Can police file a chargesheet without evidence?

Ans19. Deprecating the practice of filing chargesheet without stating sufficient details of the facts constituting the offence or putting the relevant evidence on record, the court noted that “in some states, the charge sheets merely carry a reproduction of the details mentioned by the complainant in the First Information.

Q20. Why is life imprisonment 14 years in India?

Ans20. There is a provision for remission in the Code of Criminal Procedure that says that the state government can consider releasing someone on remission if they have fulfilled certain conditions. Completing 14 years in prison is one of those conditions. This is where the 14-year imprisonment misconception comes from.

Q21. Can the magistrate grant bail in 307 IPC?

Ans21. The apex court has held that if an offence is charged under Section 307 for grievous injuries, then the Magistrate has no power to grant bail.

Q22. What is the next step after the chargesheet?

Ans22. After the filing of a chargesheet by the police officials, it is the duty of the court to decide whether or not to take cognisance of the case by applying the judicial mind. Cognizance is of the offence and not the offender, as can be noticed under Section 190 CRPC.

Q23. What is the punishment for killing someone in India?

Ans23. According to section 302 of the Indian penal code, Whoever kills any person, shall be punished with death or with imprisonment for life, as well as with fine. It is a non-bailable, cognisable offence and triable by the Court of Session. This offence is not compoundable.

Q24. What are the different types of bail?

Ans24. The Code provides different kinds of bail:-

• Bail in Bailable offence (Section436)
• Bail in Non-bailable offence (section 437)
• Anticipatory bail (section 438)
• Ad interim bail
• Bail after conviction (section 389)
• Bail on default (section 167(2))

Q25. What is the cost of anticipatory bail?

Ans25.

• Anticipatory Bail Cost in the Top States
  • State: Delhi
  • Anticipatory Bail Cost (approximate): INR 25,000 – INR 75,000
  • State: Maharashtra
  • Anticipatory Bail Cost (approximate): INR 30,000 – INR 1,00,000
  • State: Tamil Nadu
  • Anticipatory Bail Cost (approximate): INR 20,000 – INR 50,000
  • State: Karnataka
  • Anticipatory Bail Cost (approximate): INR 25,000 – INR 1,00,000

Q26. How many days does it take to get bail?

Ans26. Anticipatory bail comes up for hearing before the bench after 2 days. If the judge is satisfied, he can issue an interim not-to-arrest and fix up a date for the hearing for both parties. Regular Bail comes up for hearing.