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’ keeping; A has not yet committed the offence in this section. A places the food on Z’ table or delivers it to Z’ servants to place it on Z’ table. A has committed the offence defined in this section.
IPC Section 307: Simplified Explanation
IPC Section 307 of the Indian Penal Code deals with the offence of attempt to murder. This section is invoked when an individual does an act with the intent to kill another person or with the knowledge that their actions are likely to cause death. Yet, the victim does not die as a result of the act.
Key elements of this section include:
- Intention or Knowledge: The person attempting the act must have the intention to cause death or should have known that their act is likely to cause death.
- Act of Attempt: There must be direct action taken towards the commission of murder, which means mere preparation is not enough under this section.
- Failure to Complete the Act: For this section to apply, the victim must not die as a result of the attempt, distinguishing it from a completed murder under Section 302.
Is IPC Section 307 Bailable?
IPC Section 307 is a non-bailable offence. Given the serious nature of the crime, where an individual has demonstrated a clear intention to end another person’s life, the accused must appear before a court to seek bail.
IPC Section 307 Punishment
The Punishment for an attempt to murder under IPC Section 307 can be severe, including:
- Imprisonment for a term that may extend to ten years and also liable to a fine.
- If the attempt to murder causes hurt to any person, the imprisonment can extend to life.
The exact sentence depends on the severity of the attempt, the harm caused, and other factors the court considers.
Example of IPC Section 307
A real-life example of IPC Section 307 is the attack on the Indian Parliament in 2001. One of the accused, Mohammad Afzal Guru, was initially charged under this section among others. The attackers fired at and used explosives against security personnel, clearly indicating an intent to kill. Although the primary charges were related to terrorism, the intention to murder security forces brought IPC Section 307 into play. The case showed how severe and direct actions against life are addressed under this legal framework
