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 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.
In simpler terms, attempt to murder means that the accused performed an act or did something with the intention to cause the death of a person or with the knowledge that he could cause the death of a person, in circumstances where, in the event the death was actually caused, it would be classified as murder as defined by Section 300 IPC.
The reason behind this provision is based on the philosophy that where there is an attempted crime, there can still be punishment.
Essential Ingredients of Section 307
To achieve a conviction in the offence of Section 307 IPC the prosecution will need to prove:
- Intention or Knowledge: The accused must have the intention to cause death or had knowledge that there was a possibility of inflicting death through his act.
- Overt Act: There must be some act done by the accused person, which is provoking the commission of the possible offence. It is not enough for the mere preparation.
- Murder-like Circumstances: The act must of such a nature that if caused death, it was murder as defined by Section 300 IPC.
Punishment Under Section 307
- General Rule, Imprisonment not exceeding 10 years with a fine.
- If bodily harm has been done, it is imprisonment for life or imprisonment not exceeding 10 years and a fine.
- If a life convict and inflicts bodily harm, it is punishable by death.
This indicates that the punishment can vary in relation to the forefront of the attempts and the results of the attempt.
Illustrations under IPC
- Shooting at a person with the intent to kill – If A shoots Z intending to kill Z and Z lives, A is guilty of an attempt under Section 307.
- Leaving a child in a deserted place – If A leaves a small child in a desert with the intent to kill the child and the child is rescued, A is guilty as there was intent to kill.
- Simply buying and loading a gun – The preparation itself (buying a gun and loading) does not amount to an attempt. The offence takes place when the gun is discharged.
- Putting poison with food – If A puts poison in the food and serves it to Z, this is an attempt to murder even if they do not die or become ill.
Differentiating Preparation and Attempt.
The critical concept of Section 307 is the shift from preparation to attempt.
- Preparation – The preparation of buying weapons, poison, or planning an attack. These acts are not offences punishable under Section 307.
- Attempt – Committing the act, such as shooting a person, poisoning a person, or assaulting a person with a dangerous weapon.
In determining whether the act has moved beyond preparation and is close enough to the intended crime, Courts will look at many different factors.
Judicial Interpretation and Case Laws
- Koppula Venkat Rao v. State of Andhra Pradesh (2004): Supreme Court of India restated that in cases of attempt to murder, the intention and the nature of the act, whether it results in injury or not, the accused is liable for attempt if the intention to kill can be proved under the provisions of Section 307, IPC.
- State of Maharashtra v. Balram Bama Patil (1983): It was observed that in order to get a conviction under Section 307, the act must be done with the intention to commit murder, and the present facts must reveal that a deadly blow was inflicted and that there was a real possibility that death would have resulted.
- State of M.P. v. Saleem (2005): In this case, it was reiterated that even a single blow could amount to an attempt to murder if it was made with the intention of killing and aimed at a vital part of the body.
- R. v. White (often cited in India): The accused put poison in his mother’s drink intending to kill her. She died of unrelated causes before she drank it. He was held guilty of attempt murder because the act was proximate and intentional.
Examples of Offences Committed under Section 307
- Stabbing a victim in the chest with the intention to kill even if the victim is medically treated.
- Throwing acid on a victim with the intention to kill the victim.
- Shooting into a crowd with the intention to kill even if nobody died.
- Strangling a victim until unconscious or dead and a third person rescues them before death.
Characteristics of the Offence
- Cognizable: Police can register FIR irrespective of permission from a Magistrate and investigate without restrictions.
- Non-Bailable: Bail is not a right, it must be determined by a Court’s discretion.
- Triable by Court of Sessions: Due to serious nature of the offence.
- Non-Compoundable: Offence cannot be settled between aggrieved and offender.
Significance of Section 307
Section 307 is significant because it is an acknowledgement to ensure offenders do not seek to absolve themselves from liability for acts committed, simply because no death was caused as an end result. It recognizes that the criminal intent and act itself are so inherently dangerous towards life that a significant punishment should be pronounced.