SECTION 307 (ATTEMPT TO MURDER) OF INDIAN PENAL CODE, BRIEF, PUNISHMENT, KEY POINTS AND JUDGEMENTS

  

 

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Section 307 of the Indian Penal Code

KEY TAKEAWAYS

An attempt to murder is a crime that hasn't been accomplished yet. Even if the crime isn't fully completed, the mere attempt to do so is illegal.

 

That Section 307 of the Indian Penal Code is non-cognizable, non-bailable, and non-compoundable.

 

To convict the accused under this clause, it is more important to show the accused's purpose or intention to murder the victim than the act of killing.

 

If a person is grievously injured in an attempt of murder, then the accused will be punished to imprisonment for 10 years to life.

 

Part 2 of Section 307 imposes the death penalty for the accused who is punished for a life sentence and seeks to inflict physical injury capable of causing death while simultaneously harming another person.

 

In the case, J Punarao versus the State Of AP, the constitutional legality of section 307 of the Indian Penal Code was debated, with the argument that there were two punishments for the same offense. 

Brief

An offense/crime is punishable by the state that is perpetrated against society. This might be any action deemed criminal by the representatives of society. Intention, preparation, attempt, and accomplishment of the crime are the four phases of crime.

The purpose combined with some act of preparation to fulfill that goal becomes a crime. An attempted crime has not been accomplished yet. Even if the crime isn't fully completed, the mere attempt to do so is illegal. The term "attempt" is not defined in the Indian penal law. It is considered a direct action taken after all necessary preparations have been done. Ass opposed to the planning stage, the attempt stage is believed to have a higher level of intensity.

 

As stated above, a person's motivation does not constitute him an offender; nevertheless, any deliberate conduct that may be seen, heard, observed, or analyzed in support of that act is deemed a crime. It is, after all, an extension of his evil thinking and thoughts. As a result, "inchoate crimes" or "inchoate offenses" are defined as acts that are not completed but could disclose the motive behind it of the accused and are illegal.

These crimes are comparable to actions performed in preparation for the primary crime, but they differ in context from what inchoate signifies in general. This is one of the reasons why these kinds of offenses are also punished by law. As a result, they're known as "preliminary crimes" or "anticipatory crimes."

That According to section 307 of the Indian penal code,

A person who commits any act with such intention, knowledge, or understanding that if the said act causes the death of other people, then he will be guilty of murder and shall be liable to be punished by the state for the imprisonment of either description for a term which may be extended to 10 years and shall also be liable to fine or shall be liable to life imprisonment.

In-State of Maharashtra v. Mohd Yakub (1980) 3 SCC 57, the supreme court held that attempting to define an endeavor is pointless. When the accused makes a conscious effort to commit the crime, he or she enters the attempt stage. This overt conduct does not have to be the ultimate act.

                 

 

What are the Ingredients of a Murder Attempt under Section 307 of the Indian Penal Code

The terms "attempt" and "preparation" are often used interchangeably. Another area of criminal law where the fundamentals play a big part in determining what counts as an attempt vs what counts as mere planning is this.

1.Nature:- The planned activities should be large enough to kill the victim if it goes unnoticed or uninterrupted.

2.The intention behind the Act:- The motivation for the killing must be proven beyond a reasonable doubt, whether via intent or knowledge. The prosecutor can demonstrate this by employing situations such as an assault with lethal weapons on the victim's body parts, but the purpose to kill cannot be established only by the extent of the victim's injury.

3.Performance or execution: The accused's motivation and knowledge that resulted in the attempted murder must also be proven in order to be convicted under this clause.

As a consequence, if the following requirements are fulfilled, the conduct can be proven to be an effort to commit a specific crime or crimes, and therefore criminal. To put it another way, the criminal act happens when the preparation comes to an end and the attempt to achieve the desired result begins. This act does not have to be "the last act," but it must be "towards the crime's commission." More

 

The case of Kaluram vs. the State of Assam is significant because it demonstrates how the nature of the injury aids in determining the accused's intent. The offender, in this case, possessed a lethal weapon but only inflicted minor injuries on the victim, plainly indicating that he had no intention of killing, and so he was not convicted under section 307 of the IPC.

 

The court correctly determines in situations like Kiran Kumar vs. the State of Gujarat, where the accused stabbed the stomach around the navel area with a big knife blade, that it is a case of attempted murder rather than grievous harm.

 

However, the extent of the injury is not always used to demonstrate the motive, i.e., a very serious injury is not required to show attempted murder; even a small injury done with the purpose might be enough to condemn the person under section 307. The most controversial argument is that the accused would not be found guilty under section 307 if an accident caused death in the regular course but was not done with the intent to kill.

 

However, the extent of the harm is not always utilized to demonstrate the motive, i.e., a very significant injury is not required to show attempted murder; even a small injury done with the purpose might be enough to condemn the person under section 307.

 

The accused attempted to strike the victim with a naked sword in the case of Kuldip Singh vs State, but the victim was saved and the blow only caused the minor injury; however, the court found the accused guilty under section 307 of the Indian Penal Code due to the dangerous weapon used, which revealed the accused's intent to kill the victim.

 

Scope of section 307 of IPC

 

Section 307 of the Indian Penal Code defines trying to kill as a crime. This section applies when a person takes a step that would, in the normal course of things, result in the death of another person, but did not owing to some cause.

 

Illustration: A has plotted to murder B and has arranged for a poison to be mixed into B's coffee. A hasn't done anything wrong till he's poured the coffee. If, on the other hand, he provides the poisoned coffee to B's maid, then A has committed an attempt to murder under section 307 of the IPC.

 

‘Intention’ under section 307 of Indian Penal Code

To convict someone under this provision, it is more important to show the accused's purpose is to murder the victim than the act of killing. A person's attempt to kill the victim must be motivated by a genuine intention to murder the victim in order to be found guilty under Section 307.

 

Under this provision, the type of weapon used, how it was used, the crime's motivation, the seriousness of the blow, and the part of the body where the harm was inflicted are all considered when determining the accused's intent. As a consequence, if the accused possessed a deadly weapon but only caused minor injuries to the victim, he or she would not be prosecuted under section 307 of the Indian Penal Code. Similarly, if the accused stabs the victim in the stomach above the navel with a big knife blade, the accused may be charged with attempted murder.

 

On the other side, the severity of the damage is not necessarily a reliable predictor of purpose, as a very serious injury, is not usually required in a murder attempt. Even though the harm is slight, if it was done with the purpose of murder someone, the accused may be found guilty under section 307 of the Indian Penal Code. As a result, an attempted murder accusation under the IPC may only be brought if the accused has the intent or intelligence to murder the victim.

That in the case of Shiv Singh versus State to determine the accused's intent; the weapon used was fatal, but the wound caused was small, thus the court determined that the accused should be held accountable under section 324 rather than section 307.

The court decided in Jai Narain vs. the State of Bihar that the fact that four or five individuals assaulted a person with lethal weapons indicated their purpose to murder that person, and therefore they would be held responsible under 307. Read the case 

Punishment for Attempt to Murder under Section 307 IPC

The sentence for attempted murder varies based on the gravity of the act and whether or not the attacker is a life prisoner, according to the Indian Penal Code. If a murder attempt ends in a person being injured, the offender will be punished to prison for a term of ten years to life. It might potentially result in a punishment. A person who is either a life prisoner or has been convicted of life, imprisonment will be condemned to death if he or she performs an act with the purpose to murder another person.

 

Punishment:-

•Attempt to Murder- 10 years + Fine

•If such an act caused Hurt to that person- Imprisonment for Life or 10 Years + Fine

•Attempt to Murder by life convict to murder, if hurt is caused- Death or 10 Years + Fine

 

The appellant was found guilty of violating Section 307 of the Indian Penal Code in the case Rambabu Vs. The State of Madhya Pradesh 2019. He was convicted of five years in prison and fined Rs. 5000 by the court. The appellant was found guilty of violation Section 307 and was denied bail. The Court further determined that any damage to the other person, regardless of severity, would be punished under Section 307. Both accidents will be treated as criminal offenses, with the offender held responsibly.

 

Attempts by Life Convicts under Section 307 of IPC

The second half of Section 307 demands the death penalty for someone who is serving a life sentence and tries to inflict physical injury capable of causing death while simultaneously harming another person. If a person is condemned to life in prison for an infraction under this section, he may be sentenced to death, according to Section 307, which uses the term "may" instead of "must."

However, if such conditions are met and the Court is confident that reducing the sentence will serve the ends of justice, the court has the authority to do so. Because Section 307 is a cognizable offense, a warrant should be issued first. It is not bailable or compoundable, and it can only be tried by the Court of Sessions.

 

Appeal for a case under section 307 of the Indian Penal Code

An appeal may be lodged in a higher court if there are proper grounds. An appeal from the district/magistrate court will be heard before the Session Court. An appeal from the Session court can be heard before the High Court, and the appeal from the High Court can be heard before the Supreme Court. Both the wife and the accused can seek an appeal if the case requires it.

 

Any individual who has been convicted by a Sessions Judge or an Additional Sessions Judge, or by any other court, and has obtained a sentence of more than 7 years in jail against him or another person in the same trial may appeal to the High Court.