Section 307 of the Indian Penal Code 1860 deals with the offence of attempt to commit murder . According to Section 307 of the Code attempt to murder is punishable up to 10 years of imprisonment and if hurt is caused up to life imprisonment and fine.
Attempt to murder.
According to Section 307 of the Indian Penal Code, 1860 "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 here in before 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) 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.
(b) 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.
(c) 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.
(d) 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 in this section. 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.
Ingredients :
To invoke Section 307 of the Indian Penal Code following ingredients are to be satisfied :
(i) The death of human being must be attempted
(ii) The accused must have made attempt
(iii) The act must be done with the intention of causing death or it be done with the Intention of causing such bodily injury as - the accused knew to be likely to cause death and that it was sufficient in the ordinary course of nature to cause death.
(iv) The accused attempted to cause such death by doing act known to him to be so imminently dangerous that it must in all probability cause - death or such bodily injury as is likely to cause death.
Attempt to murder.
According to Section 307 of the Indian Penal Code, 1860 "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 here in before 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) 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.
(b) 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.
(c) 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.
(d) 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 in this section. 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.
Ingredients :
To invoke Section 307 of the Indian Penal Code following ingredients are to be satisfied :
(i) The death of human being must be attempted
(ii) The accused must have made attempt
(iii) The act must be done with the intention of causing death or it be done with the Intention of causing such bodily injury as - the accused knew to be likely to cause death and that it was sufficient in the ordinary course of nature to cause death.
(iv) The accused attempted to cause such death by doing act known to him to be so imminently dangerous that it must in all probability cause - death or such bodily injury as is likely to cause death.
The offence under Section 307 of the Indian Penal Code is Cognizable, non-bailable, non-compoundable, and triable by the Court of Session.
See also
1) Dowry Death (Section 304-B, Indian Penal Code, 1860)
2) Causing Death by Negligence (Indian Penal Code 1860)
3) Attempt to commit suicide (Section 309 of the Indian Penal Code)
4) Wrongful confinement : Offences affecting the Human Body (Indian Penal Code, 1860)
5) Offences Relating to Weights and Measures (Indian Penal Code,1860)
See also
1) Dowry Death (Section 304-B, Indian Penal Code, 1860)
2) Causing Death by Negligence (Indian Penal Code 1860)
3) Attempt to commit suicide (Section 309 of the Indian Penal Code)
4) Wrongful confinement : Offences affecting the Human Body (Indian Penal Code, 1860)
5) Offences Relating to Weights and Measures (Indian Penal Code,1860)
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