IPC Section 307 - Attempt to Murder

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.

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Non-bailable, Cognizable

Official Text

“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.”

Legal Analysis

Elements to Prove:

  • The accused did an act with intention or knowledge.
  • The intention or knowledge was such that if death resulted, it would be murder.
  • The act was done under circumstances that could cause death.
  • Death did not result from the act.

Potential Defenses:

  • The accused had no intention to kill.
  • The act was not likely to cause death.
  • The accused was acting in self-defense.
  • The accused was acting under legal authority.

Practical Examples

What Constitutes the Offense:

A person shooting at someone but missing, or administering poison that doesn't cause death.

What Doesn't Constitute:

A person threatening to kill without taking any action, or accidentally causing injury.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized that attempt to murder requires the same intention as murder, with the act falling short of causing death.

Punishment

Up to 10 years and Fine; if hurt is caused, then Life Imprisonment or up to 10 years and Fine

Related Information

Connected Sections:

This section deals with attempt to murder. It is related to Section 300 (Murder) and Section 302 (Punishment for murder).

Procedural Aspects:

Prosecution requires proof of intention to murder. The case is triable by a Court of Session.

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