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.
When any person offending under sub-section (1) is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life.
Illustrations.
(a) A shoot 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 fire 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 sub-section (1).
(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 defined in this section. A place 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.
In simpler terms, if a person does an act that may cause death of another person, he shall be liable for an attempt to murder of that person. This act is punishable by imprisonment for up to ten years with fine. However, if hurt is caused to the victim, then he may be punished with imprisonment for life.
Essential Ingredient:
- Intent/ Knowledge: There must be an intention to cause death or knowledge, that his act could cause death of a person.
Punishment:
- Attempt to Murder: Imprisonment up to 10 years and Fine
- Attempt to Murder + Hurt is caused: Imprisonment for Life