Section 307 of the Indian Penal Code (IPC) deals with the offence of attempt to murder, making it a serious crime under Indian criminal law. This provision states that if any person, with the intention of causing death, performs an act that could result in death if not prevented, they shall be punished with imprisonment, which may extend to life, and may also be liable to a fine. 

This blog provides a clear understanding of section 307 of IPC, definition, key elements, punishments, difference between attempt of murder and murder under Section 307 of IPC, legal defence, landmark judgements, steps to take in case of accused under Section 307 of IPC, key takeaways and FAQs.

Understanding Section 307 IPC

IPC Section 307 provides harsh punishment for such attempts to kill, marking it out from lesser crimes like grievous hurt. The law takes into consideration the use of any weapon, whether the act was grievous or otherwise, and the motive behind the crime while establishing the level of punishment under this law on attempted murder.

Definition and Scope of Section 307

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. 

Illustrations

• A shoots at Z with intention to kill him, under such circumstances that, if death ensued. A would be guilty of murder. A is liable to punishment under this section
• A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensue
• 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
• 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 servant to place it on Z’s table. A has committed the offence defined in this section.

Key Elements of the Offense

• Intent or Knowledge: The act should be performed with the intention of causing death or with the knowledge that it would result in death
• Circumstances: The act should be of such a nature that, if death is caused, it would amount to murder
• Punishment: If injury is caused, the punishment can extend up to 10 years‘ imprisonment or life imprisonment, and a fine. Life convicts can be awarded the death penalty if injury is caused
• Attempt to Kill: Even where death does not result, activities such as discharge of a gun or poisoning amount to an attempt under this section
• Severity: The offense is determined by the risk involved and not merely by the result, i.e., whether the victim lives or dies.

Punishment Under Section 307 IPC

Section 307 of the Indian Penal Code states very harsh punishments for the offence of attempt to murder, depending upon the context and the level of injury caused. The penalty can be between 10 years of imprisonment to life imprisonment along with possible fines or even capital punishment in specific instances. Here is a precise breakdown of the same:

Imprisonment and Fines

• Section 307 of the Indian Penal Code (IPC) mandates severe punishment for the accused of attempting murder
• The punishment varies with different factors, but the law offers life imprisonment, along with fines, as the maximum sentence
• The court decides the quantum of punishment in accordance with the seriousness of the offense
• If the attempt leads to grievous hurt, the penalty is extended up to life imprisonment and fine
• If there are no grievous hurts, the accused can be imprisoned for a term not exceeding 10 years and be fined
• If it is attempted against a public servant in discharge of public duty, e.g., a judge or police officer, the penalty is more severe, keeping in line with the gravamen of the offense

Factors Affecting the Punishment

Courts take a number of mitigating and aggravating circumstances into account while deciding the punishment under Section 307 IPC. Some of the most important considerations are:

• Severity of Injury – If the victim is seriously injured, in danger of life, the punishment will be severe
• Intent – The intent and motive behind the crime are of prime importance. If the accused had a definite premeditated intention to kill, severe punishment is given
• Circumstances of the Crime – Factors including self-defense, provocation, or mental illness might impact on sentencing
• Use of Deadly Weapons – Use of guns, daggers, or other deadly weapons can result in more severe punishments
• Judicial Discretion – Courts have power to mitigate or increase the penalty depending on the particular circumstances of the case.

Difference Between Attempt to Murder and Murder (Section 302 IPC)

While both attempt to murder under Section 307 and murder under Section 302 IPC involve intentional harm, the key distinction lies in the outcome. Here is a detailed outline of the same: 

Examples to Illustrate the Difference

It is simpler to differentiate between attempt to murder and murder with the help of examples and assumed cases:

Example of Attempt to Murder (Section 307 IPC)

• Someone shoots at his competitor but misses the mark or wounds the victim. Because there is an intention to kill but the victim still lives, it is an attempt to murder
• A husband administers poison in his wife‘s food with intent to cause her death, but she is saved in time and lives. Though she did not die, since she was killed by him with intent, it constitutes an offense under Section 307 IPC.

Example of Murder (Section 302 IPC)

• A person shoots another at point-blank range, resulting in immediate death. As the act is successful in killing the victim, it is murder under Section 302 IPC
• If a person stabs another repeatedly with the intention to kill and the victim dies as a result of the injuries, it comes under Section 302 IPC.

Legal Defenses Against Section 307 IPC Charges

Persons charged under Section 307 IPC (attempt to murder) can defend themselves by establishing that their actions were not done with criminal intent or were justified on certain legal grounds. 

Courts consider several factors, such as motive, circumstances, and evidence, before convicting an individual. The following are some of the usual defense strategies against charges under Section 307:

Absence of Intent

One of the most essential aspects of Section 307 IPC is the intent to kill. If the accused can establish that there was no intention to kill, they might escape conviction under this section:

• Lack of Motive – If the accused had no personal animosity, monetary benefits, or other motives to injure the victim, it goes against the case of the prosecution
• Accidental Harm – In case of the injury happening as a result of negligence, self-mistake, or accidents, it would not constitute an attempt to murder. An example of this is a fight caused by an outburst of passion resulting in unintentional harm and which would generally fail to fall under Section 307 IPC
• Disproving Intent – The defense may plead that the act was not done with intent but was reckless, and the charge can be shifted to a minor offense such as causing grievous hurt (Section 320 IPC).

Self-Defense as a Justification

The right of self-defense is provided under Section 96 to 106 of the IPC, and if a person has acted in legal defense, he cannot be guilty under Section 307 IPC:

• Legal Defense – In case the accused was in danger and defended themselves or another person, it is a good legal defense
• Provocation & Necessity – If the accused responded to extreme and sudden provocation, they can plead partial defense to lower the level of punishment. For instance, if a person is attacked with a weapon and defends themselves, their actions may not be an attempt to murder
• Self-Defense Cases – Courts examine injury reports, witness statements, and forensic evidence to decide if the act was offensive or defensive. If the used force was proportionate and reasonable, the accused may be acquitted or get a lesser charge.

Also read: How Criminal Lawyers Defend Against Common Criminal Charges

Landmark Judgments and Case Studies

Section 307 IPC (Attempt to Murder) has been interpreted in different landmark judgments, defining its application in the Indian legal system. Courts examine intent, preparation, and execution factors to ascertain if an act can be considered an attempt to murder. Some precedent-setting cases have shaped judicial interpretation as follows:

1. Om Prakash v. State of Punjab (1961)

The Supreme Court held that actual injury is not required for a Section 307 IPC offense. Even if there is no causation of injury by the act of the accused, they may be convicted provided there was definite intent to kill.

2. State of Maharashtra v. Balram Bama Patil (1983)

The court underlined that use of lethal weapons and the type of injuries caused are important factors in deciding whether the act amounts to an attempt to murder.

Steps to Take If Accused Under Section 307 IPC

Accusation under Section 307 IPC (Attempt to Murder) is a serious criminal issue that must be addressed at once to prepare a solid defense. The following are the most important steps to follow in case of such accusation:

Step 1: Seek Legal Representation

The first and foremost step is to engage a good criminal lawyer specializing in IPC cases. A professional defense lawyer can:

• Examine the charges and determine the strength of the case against you
• Develop a legal defense strategy based on the facts and evidence
• Apply for bail and represent you in court at hearings and trial
• Challenge false allegations, procedural flaws, or misinterpretation of intent.

Step 2: Collect Evidence to Support Your Case

A strong defense is built by gathering key evidence to establish your innocence or undermine the prosecution’s case. Key evidence includes:

• Alibis – If you were not present at the scene of the crime, evidence like CCTV footage, call records, or witness testimonies can substantiate your assertion
• Witness Statements – Eyewitnesses who can attest that you were not a part of it or that the act was by mistake can build a stronger defense
• Medical Reports – If the injuries sustained by the victim are not critical, your attorney can plead that the act is not an attempt to murder
• Documentation & Forensic Evidence – Any message, text messages, or forensic reports that are inconsistent with the claims of the prosecution can be presented in court.

Conclusion

 Section 307 IPC (Attempt to Murder) is a grave offense under Indian criminal law, which entails harsh punishments, such as life imprisonment and fines. The most important factors in establishing guilt are intent, preparation, and execution, irrespective of whether the victim lives or not. Courts distinguish attempted murder from other crimes on the basis of evidence, intent, and severity of injury.

Excuses like absence of intention, self-defense, and inadmissible evidence can aid the legal process. In case of accusation, it is important to consult competent legal professionals, collect solid evidence, and create a sound defense strategy. If you are engaged with a Section 307 IPC, meet a skilled criminal attorney for proper legal assistance and results.

FAQs Related To Section 307 IPC