Legal Guide

An Overview of Attempt to Murder (Section 307 IPC)

by Shalini Vashistha · 3 min read

Section 307 IPC-min

Introduction

Crime is which should not happen and if someone is committing it and he should be punished. In India, all criminal offenses are mentioned under the Indian Penal Code, which explains the meaning and punishment of the crime and its main ingredients, like Mala Fide intention (Bad faith). The first question that will be asked if someone is ever discovered committing an offense is, “Was his act of committing the offence accompanied by bad faith intention?” as the intention is important in every crime. 

Here we are going to discuss Section 307 of IPC, which is an attempt to murder.

What is Section 307 IPC?

According to Section 307 of the Indian Penal Code, anyone who commits an act with the intent or knowledge that, if he or she caused death by that act, he or she would be guilty of murder and shall be punished with imprisonment of either description for a term that may extend to ten years, and shall also be liable to fine; and, if they cause harm to any person by that act, they shall be subject to either life imprisonment or such other punishment as is deemed appropriate.

An attempt to commit a crime under Section 302 of the IPC is an offense of attempted murder. In accordance with Section 302, the criminal knowingly causes the death of any person, but in accordance with Section 307, the offender attempts to murder someone but is unsuccessful as long as they have the purpose of killing or knowledge that the conduct may cause death.

Essential Elements of Section 307 IPC

The essential elements must be proven to fall under the Section. The elements are-

  • The intended act must be of a kind that, if not stopped in time, would result in the victim’s death.
  • The intent to kill must be proven unequivocally and beyond a reasonable doubt.
  • However, the purpose of killing cannot be determined just by the severity of the harm done to the victim. The prosecution may utilize circumstances like an attack with deadly weapons on the victim’s essential bodily parts to demonstrate this.
  • For a defendant to be found guilty under this clause, it must also be proven that they had the knowledge and purpose to commit the attempted murder.
  • In the normal order of things, the offender’s actions would result in death.

Characteristics of an IPC Section 307 Offence

  • Offenses are categorized into cognizable and non-cognizable categories. The police are required by law to report and look into a cognizable offense, and Section 307 of IPC is a cognizable offence.
  • Non-Bailable: This indicates that the magistrate has the authority to deny bail and confine a person to court or police custody in a complaint brought under Section 307.
  • Non-Compoundable: The petitioner cannot unilaterally withdraw a non-compoundable lawsuit.

Phases of crime under criminal Law

  • Firstly, an intention to commit a crime is the first step. It might be characterized as a person’s readiness to engage in an action. But merely intending to do anything wrong is not a crime. The physical act has a significant role in advancing the criminal intent. There should be a physical manifestation of the guilty thought or malicious purpose.
  • The plans made by a person to carry out a crime are included in the preparation stage.
  • However, no offence has yet been committed, even at this point. The Indian Penal Code allows for specific activities to be punished at this stage, even though simple preparation for any purpose is not a crime. 
  • When preparing for a crime is made, the attempt takes place. Attempting to commit an offense is now a direct action.
  • The intended crime must be committed in its entirety to constitute a full offense. Once the crime has been committed, the person will be found guilty of it.
  • A person cannot be charged with a crime just for acting with malice. There must be a demonstrable bodily activity. In order to be considered a crime, an effort to conduct the crime must be made with the purpose of doing so. In order for Section 307 to be applicable, the conduct must ordinarily be capable of resulting in another person’s death.

Trial procedure for a case brought under Section 307 IPC

  • A police complaint or first information report is the initial step. Section 154 of the Code of Criminal Procedure applies to this. The entire case is initiated by filing an FIR.
  • The inquiry by the Investigation Officer is the next stage following filing the FIR. The officer concludes and prepares the investigation after reviewing the relevant facts and circumstances, gathering relevant evidence, examining relevant parties, and doing other required actions.
  • The police then provide the magistrate with the charge sheet. The accused is accused of every crime listed on the charge sheet.
  • The Magistrate hears the arguments from the parties on the charges that have been set on the scheduled date of hearing before finalizing framing the charges.
  • Following the formulation of the charges, the accused is given a chance to enter a plea of guilty, and it is the judge’s job to ensure that the plea of guilt was entered willingly. This is covered in Section 241 of the Code of Criminal Procedure, 1973. The judge has the option to find the accused guilty.
  • The prosecution, who initially bears the burden of proof, presents the evidence after the allegations are stated, and the accused enters a “not guilty” plea. There can be both oral and written proof. Any individual may be summoned as a witness or required to present any document by the magistrate.
  • When presented before the court, witnesses for the prosecution are subjected to cross-examination by the accused or the accused’s attorney.
  • If the defense calls witnesses, the prosecution will cross-examine them.
  • The evidence is evaluated by the Court/Judge after both sides have submitted their respective evidence to the court.
  • The stage of closing arguments occurs as the verdict draws closer. Here, the judge hears the last oral arguments from each side in turn (first the prosecution, then the defense).
  • The Court renders its decision after considering the relevant facts and circumstances, as well as the arguments advanced and the supporting documentation. The Court issues its final ruling after providing its justifications for the accused’s acquittal or conviction.
  • If the accused is found guilty, he or she is sentenced to prison; but if the accused is found not guilty, they are freed from punishment.
  • If the accused is found guilty and sentenced to jail time, a hearing will determine the severity or length of the sentence.
  • If the circumstances allow it, an appeal can be taken to higher courts. An appeal may be brought from Sessions court to the High Court and from the High Court to the Supreme Court.

Conclusion

We have understood that the criminal will only be found guilty of the crime of attempting to murder under Section 307 if the criminal did not succeed in killing the intended victim, and the most important ingredient of an Attempt to Murder is the intention. Section 307 IPC is one of the heinous crimes, and rigorous punishment is given by the law for the same with the proper procedure to punish who commits it. Get Legal consultation to know more.

As the rates of criminal activity are increasing and Section 307 IPC or Attempt to Murder is one of them, so it’s important to understand it. To know more , get online legal advice here.

Shalini Vashistha

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Shalini Vashistha

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Section 307 IPC

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