Section 307 IPC: Attempt to Murder - Ingredients and Punishment
Section 307 of the Indian Penal Code, 1860 dealt with attempt to murder. This article explains the provision as applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force, including the required intention or knowledge, the overt act, punishment, effect of causing hurt and the statutory illustrations.
What was Section 307 IPC?
Section 307 punished an act done with such intention or knowledge, and in such circumstances, that if the act had caused death the offender would have been guilty of murder. The provision therefore focused not merely on the injury actually produced, but on the mental element and the act performed towards commission of murder.
Text of Section 307 IPC - 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.
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.
Essential ingredients of attempt to murder
For Section 307 to apply, the prosecution had to establish the elements contained in the provision. In substance, the inquiry concerned:
- Intention or knowledge: the act must have been accompanied by the intention or knowledge contemplated by the law of murder.
- Circumstances: the circumstances must be such that, had death resulted from the act, the offence would have amounted to murder.
- An act towards commission: there must be an overt act in execution of the criminal intention. Mere preparation, without crossing into an attempt, is not enough.
- Death need not occur: Section 307 applies precisely where the intended or contemplated murder is not completed.
Intention or knowledge is central to Section 307
The seriousness of the resulting injury is relevant evidence, but it is not by itself the legal test. Intention or knowledge may be inferred from the facts and circumstances, including the nature of the weapon, the manner of its use, the part of the body targeted, the force or number of blows, words spoken, motive and the surrounding conduct.
Accordingly, a charge under Section 307 did not invariably require an injury sufficient in the ordinary course of nature to cause death. Even where no injury resulted, an act may fall within Section 307 if the required intention or knowledge and an overt act are proved.
Preparation and attempt: what is the difference?
Preparation ordinarily consists of arranging the means or measures necessary for committing an offence. An attempt begins when the accused, having the requisite criminal intention, goes beyond mere preparation and performs an act towards execution of the offence. The statutory illustrations to Section 307 demonstrate this distinction.
Statutory illustrations to Section 307 IPC
Illustration (a): A shoots at Z with intention to kill him, under circumstances in which A would be guilty of murder if death resulted. A is liable under Section 307.
Illustration (b): A, intending to cause the death of a child of tender years, exposes the child in a desert place. A commits the offence even though the child does not die.
Illustration (c): A intends to murder Z, buys a gun and loads it. At that stage there is preparation but no Section 307 offence. When A fires the gun at Z, the act amounts to the attempt contemplated by the section. If Z is wounded, the enhanced punishment provision concerning hurt may apply.
Illustration (d): A intends to murder Z by poison and buys poison and mixes it with food kept by A. That remains preparation. When A places the poisoned food on Z's table, or delivers it to Z's servant to place there, A has committed the offence defined by Section 307.
Punishment under Section 307 IPC
| Situation | Punishment under Section 307 IPC |
|---|---|
| Attempt to murder where hurt is not caused | Imprisonment of either description up to 10 years and fine. |
| Hurt caused by the act | Imprisonment for life, or the punishment stated above. |
| Offender already under sentence of imprisonment for life and hurt is caused | The statutory text permitted punishment with death. |
Is causing hurt necessary for Section 307 IPC?
No. Hurt is not an indispensable ingredient of the basic offence. The section distinguishes the accused's act from its result. Where hurt is caused, however, the provision authorises the higher punishment specified in its latter part.
Relationship with murder under Section 300 IPC
Section 307 must be understood with the law of murder because its own wording asks whether, if death had been caused by the act, the offender would have been guilty of murder. The mental element and surrounding circumstances therefore have to be evaluated with reference to the principles governing Section 300 IPC.
Section 307 and Section 308 IPC
Section 307 dealt with an attempt where, if death had resulted, the act would amount to murder. By contrast, Section 308 IPC dealt with an attempt to commit culpable homicide in circumstances where the completed offence would not amount to murder. The distinction therefore depends substantially upon the nature of the intention or knowledge and the circumstances of the act.
Important points about Section 307 IPC
- Actual death is not required; if death occurs and the ingredients of murder are established, the completed offence rather than merely an attempt becomes relevant.
- A fatal or life-threatening injury is not invariably necessary to establish an attempt under Section 307.
- The nature and location of an injury can nevertheless be important evidence of intention or knowledge.
- Mere preparation does not ordinarily constitute the attempt; there must be an act in execution of the criminal design.
- Whether Section 307 is attracted depends upon the proved facts and circumstances of the particular case.
Historical amendment notes
The expression "imprisonment for life" replaced the former reference to "transportation for life" through Act 26 of 1955 with effect from 1 January 1956. The special paragraph concerning attempts by life convicts was added by Act 27 of 1870 and subsequently amended. These notes form part of the legislative history of the IPC provision.
Note: This article is intended as general legal information on the pre-BNS IPC provision. Application of criminal law depends on the date of the alleged offence, applicable saving and transitional provisions, and the facts of the case.