SECTION 307

Overview: Section 307 of the Indian Penal Code deals with the offence of attempt to murder. It talks about punishment to a person who does an act with the intention of knowledge, that death by such an act will be punishable under law and knowing this, does that act.

Ingredients of offence: To constitute an offence under this section 307, two ingredients must be proved:

     (a)  The intention of our knowledge relating to the commission of murder;

     (b)  The doing of an act towards it

Punishment for Attempt to murder under 307 IPC: Punishment under this section is provided in two parts.

     1.Firstly, if any person with intention or knowledge does any act, 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 the 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.

    2.Attempts by Life Convicts: If any person offending under this section is under sentence of imprisonment for life, he may, if the hurt is caused, be punished with death.

Illustration:

    1.Rahul, intending to murder Karan with poison, procures a white powder containing poison and secretly mix the same with food which remains in Rahul’s keeping. Rahul has not yet committed the offence defined above. But if Rahul places the same food on Karan’s table or delivers it to Karan’s servant to be placed on Karan’s table, Rahul has done an offence amounting to an attempt to murder.

    2.Arun shoots at Zia with the intention to kill him, under such circum­stances that, if death ensued. Arun would be guilty of murder. Arun is liable to punishment under this section.

     3. Mohit, with the intention of causing the death of a child of tender years, exposes it in a desert place. Mohit has committed the offence defined by this section, though the death of the child does not ensue.