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 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.
- 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 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 3[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’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.
Meaning
Section 307 of the Indian Penal Code penalizes acts done with intention or knowledge that, if they were to cause death, would be murder. The focus is on the mens rea or dangerous mental state of the perpetrator rather than on whether the victim actually dies.
Even in cases when no death occurs, the section applies if the act is of a kind that it could have caused death. This means that almost everyone attempting to kill someone would be treated as harshly as someone who has successfully killed someone.
Essential Ingredients
The prosecution must prove the following to establish an offence under Section 307 IPC:
- Act by the accused: The accused must have committed an act, not merely planned. An attempt requires an overt act; preparation does not count. For example, buying a weapon is an act of preparation, shooting the weapon is an attempt.
- Intention or Knowledge: The accused must have either:
- Intended to cause death; or
- Known that the act was likely to cause death.
Intention or knowledge is the most important part of the definition. Whether the accused intended to cause death or knew his act was likely to cause death, will be derived from circumstances including the choice of weapon, the target bodily location and the nature of the attack.
Circumstances indicating murder if death occurred: The act must not only have been done with that mental state, it must also have been committed in circumstances that would have constituted murder under section 300 IPC, if death had occurred.
No Result of Actual Death Required: Even if the person who was shot and assaulted was unharmed, the offence is committed if the intention / knowledge and act can be established.
Punishment under Section 307
- General rule: Imprisonment up to 10 years, and fine.
- If hurt is caused:, Imprisonment up to 10 years with a fine or Imprisonment for life.
- By a life convict, and hurt is caused: Life Imprisonment or he may be punishable by death.
This demonstrates the seriousness of the law in relation to the unlawful, deliberate attempts to end a life, especially if the offender is a habitual or repeat offender.
Illustrations simplified
- Shooting to kill: A shoots at Z with the intention to kill Z. Even if Z survives, A is liable for an offense under Section 307 because A, in attempting to kill Z, committed the act that constitutes murder, if Z had been killed.
- Exposing a child to danger: A leaves a young child in the desert with the intention to cause the child’s death. Despite the child surviving, A is guilty of an offense under section 307.
- From preparation to at attempt: A goes to the extreme of loading a gun with the intention to kill Z (preparation, no offense yet). However, A’s acts turn into an attempt when A actually discharges the weapon.
- Poisoning: If A mixes poison into food with the intention to kill Z, A’s action becomes an attempt when the poisoned food is placed before Z, regardless of whether Z eats or consumes it or not.
Distinction between Preparation and Attempt
- Preparation: Planning or acquiring goods to carry out a crime (buying poison, sharpening a knife).
- Attempt: The immediate consideration of the planned act (serving poisoned food, stabbing someone).
Section 307 only comes into play where the planned act is no longer preparation but an attempt.
Judicial Interpretation
The courts have held that intention is at the core of Section 307.
In State of Maharashtra v. Kashirao (2003) the Supreme Court confirmed the meaning of intention can be inferred from the following factors:
- The kind of weapon used.
- The part of the body that is attacked (a blow to the head suggests an intention to kill).
- The force used and the surrounding circumstances of the attack.
Even a slight injury could be characterized under section 307 should the intention to kill is sufficiently proved.
Examples
- Covered by Section 307: Rahul stabs Mohan in the chest with a knife, aiming for his heart. Even if Mohan is treated and survives, Rahul is guilty.
The Purpose of the Law
Section 307 makes sure the law acts against serious and direct threats to human life. By punishing “attempted murder” so similarly to murder itself, it serves as a deterrent as well as societal protection.