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Understanding What Exactly is 307 IPC all About
307 IPC is an offence of ‘attempt to murder.’ It is considered as heinous as committing murder. However, the only dissimilarity is that the murder causes death of the victim, whereas an attempt to murder is a failed attempt of causing death.
According to Section 307 of Indian Penal Code, “Whoever does any act with such knowledge or intention and under such circumstances that, if he by that act caused death, then he will be found guilty of murder. He shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine. If attempt to murder has caused hurt to any person by such act, then the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.”
Section 307 IPC by Understanding It with the Help of Illustrations
- A shoots at Z with an intention to kill him. In this case, if death ensues, then A would be guilty of murder. A will be liable to be punished under this section.
- A intends to murder Z, hence buys a gun and loads it. However, A has not committed any offence. A fires the gun at Z. Then, the case will be defined in this section. In such a scenario, if Z suffers from any wounds, then he will be liable to the punishment.
- A, with the intention of causing the death of a child in his tender years, exposes him to a desert place. In this scenario, A has committed the offence, even though the death of the child does not ensue.
- A intends to murder Z by poison. Hence, he purchases poison and mixes the same with food which remains in A’s keeping. A has not yet committed the offence. 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.
There are necessary elements to prove an offence under Section 307 (Attempt to Murder) under Indian Penal Code. Without them, the case will not be considered valid.
Here are the Ingredients of ‘Attempt to Murder under Section 307’
1. Nature of the Act
The Act attempted must be of such a nature that in case it is not prevented, it would lead to death of the victim.
2. Knowledge or Intention of Committing the Crime
The intention to kill someone should be proved without a doubt. In order to prove this, the prosecution can make use of the circumstances like an attack by dangerous weapons on vital body parts of the victim.
3. Execution or Performance of an Offence
The intention and knowledge of attempting a murder should be followed with conviction under Section 307 IPC.
4. The Act by the Offender Would Cause Death in Its Ordinary Course
The act must be done with the knowledge that it is likely to cause the death of a person or the intention should be such that it would cause major bodily injury that will take a person on the path of death.
Meaning of ‘Intention’ and ‘Execution’ Defined Under Section 307 IPC
‘Intention’ under Section 307 IPC
Under this section, it is important to prove the intention of the accused to kill the victim. The nature of the weapon used, manner in which it is used, and motive behind the crime is taken into consideration before lodging a complaint under 307 IPC. In case, the accused had a dangerous weapon but he inflicted only minor injuries on the victim showing that he had no intention to murder the victim, the accused will not be convicted under section 307 of the IPC.
‘Execution’ under Section 307 IPC
A physical and voluntary action must be visible in an attempt to crime. It is important that the incident should be capable of causing the death of the person who was attacked.
Do you know an ‘attempt to murder’ is a non-bailable and cognizable offence?
- A non-bailable offence: It means the police cannot release anyone on bail, but the court can grant it, if a person makes an application for bail before a magistrate.
- Cognizable offence: A police officer has the authority to make an arrest without a warrant. Police can start an investigation with or without the permission of a magistrate or court by filing a first information report (FIR).
- Trial can be done by a sessions court
The Punishment under Section 307 IPC
- If there is an attempt to murder, then a person will be imprisoned for 10 years, along with a fine.
- If an act has caused hurt to a person, then he/she will be imprisoned for 10 years along with a fine or shall be imprisoned for life.
- If a hurt is caused under ‘attempt to murder’ by life-convict to murder, then the punishment is death or 10 years imprisonment, along with a fine.
Getting bail in an ‘attempt to murder’ case is not an easy task. It’s a non-bailable offence. An accused would require strong reasons to get bail.
Getting bail under Section 307 IPC is not easy; it can only be possible by following certain steps:
The accused needs to apply for anticipatory bail before the arrest is made. The court shall consider essentials such as - motive for the offence, his/her status in society, police charge sheet etc. After considering all the essentials, assistance from an experienced criminal lawyer will be needed.
Landmark Judgments Under 307 IPC
1. Liyakat Mian and Ors. Vs. The State of Bihar, 1973
Under Section 395 of the IPC, four appellants were held guilty by the Sessions Court for committing dacoity in the house. During this trial, it was held that appellant no. 2 will be charged for attempt to commit murder under Section 307 of IPC. When the other appellants were committing dacoity, appellant no. 2 had fired a gun at Burhan Mahton. He was injured and later died. Accused no. 2 was held guilty under Section 307.
Read More - Liyakat Mian & Others v. State of Bihar
2. Vasan Jadhav Vs. State of Maharashtra, 2004:
The Supreme Court had observed that Section 307 does not say that bodily injury capable of causing death should be inflicted. However, the nature of injury may give assistance in coming to the finding about the intention of the accused. A conviction under Section 307 is easy to justify if there is a presence of intent coupled with some overt act in its execution. Hence, it is not correct to acquit an accused of the charge under Section 307 merely because the injuries on the victim were in the form of a simple hurt.
Read More - Vasan Jadhav Vs. State of Maharashtra
3. Rambabu Vs. The State of Madhya Pradesh, 2019
In this case, the appellant was convicted under Section 307 of Indian Penal Code. The court had sentenced him for five years of imprisonment and charged Rs. 5000 as a penalty. The court also held that the injuries on the other person, regardless of their severity would attract punishment under Section 307. All the injuries would be considered as an offence and the person committing the crime would be held guilty.
Read More - Rambabu Vs. The State of Madhya Pradesh
Frequently Asked Questions about 307 IPC
Q1. Is IPC section 307 bailable?
Ans. No, IPC Section 307 is not bailable.
Q2. How to get bail in IPC 307?
Ans. The court can grant it, if a person gives an application regarding bail before a magistrate.
Q3. Is acid attack considered under section 307 IPC?
Ans. Yes, acid attack is convicted under Section 307 of the Indian Penal Code and punished with the imprisonment of life.
Q4. In what court can IPC 307 be tried?
Ans. IPC 307 is tried in the Court of Session.
