Friday, 18 February 2022

Attempt to murder

 Section 307 IPC - Attempt to Murder

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 as 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 here in before 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.

There are necessary to prove an offence under Section (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 will not be 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 the 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 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 death of the person who was attacked. 

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 a hurt to a person, then he/she will be imprisoned for 10 Years along a Fine or shall be imprisoned for life.

If a hurt is caused under ‘attempt to murder’ by life-convict to murder, if then the punishment is death or 10 Years imprisonment, along with a fine.

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