Vaquill is a legal publication house that simplifies legal information and publishes content in multiple Indian languages.

What languages does Vaquill publish in?

Vaquill publishes content in English, Hindi, Marathi, Tamil, Telugu, and Bangla.

Understanding IPC Section 307 - A Detailed Exploration

Section 307 of the Indian Penal Code (IPC) is about the attempt to commit murder. It deals with situations where a person tries to kill another, but the act doesn't succeed, either due to intervention, the victim’s resistance, or sheer luck. Even though the victim survives, the law treats the intention and attempt to cause death as a serious crime.

Key Element of Section 307 IPC:

Intent and Knowledge: The main requirement for this section is that the accused must have intended to cause death or had the knowledge that their actions could lead to the victim's death. (Mens Rea)
Act done: There must be clear act that shows an attempt to commit murder. This means simply having bad intentions is not enough—there must be an actual step taken toward committing the crime. (Actus Reus)

Punishment Under Section 307 IPC:

If someone is found guilty of attempting murder, they can face imprisonment for up to 10 years, along with a possible fine. Section 307
If the act causes serious injury or harm to the victim, the punishment can be life imprisonment.

Important Case Laws on Section 307 IPC

State of Maharashtra v. Balram Bama Patil (1983):
- Case Overview: In this case, the accused fired a gun at the victim, but the victim survived.
- Court’s Decision: The Supreme Court held that even though the victim survived and did not suffer any injury or harm, the act of firing a gun at them clearly showed an intention to kill. Thus, the accused was convicted (charged) under Section 307 .
- Key takeaway: This case shows that actual injury isn’t necessary for conviction. The intent and the act of attempting to kill are enough.
Om Prakash v. State of Punjab (1962):.
- Case Overview: The accused shot at the victim but missed, and the victim wasn't harmed.
- Court’s Decision: The Supreme Court ruled that since the accused had a clear intention to kill and took direct action toward that end, they could be charged under Section 307 IPC even though no harm was caused.
- Key Takeaway: This case emphasizes that missing the target or failing to cause harm doesn't mean a lesser crime—it's the intention and action that matter.
Laxmi Narayan v. State of Rajasthan (2013):
- Case Overview: The accused attacked the victim with a knife multiple times, and the victim suffered serious injuries but survived.
- Court’s Decision: The Rajasthan High Court held that causing severe injuries with a deadly weapon showed an intention to kill, making it an offense under Section 307.
- Key Takeaway: If a person uses a weapon or method capable of causing death, and the victim suffers serious injuries, it strongly suggests an intention to commit murder.

Difference Between Section 307 (Attempt to Murder) and Section 308 (Attempt to Culpable Homicide)

Culpable homicide is often considered a "lesser" form of murder. The main difference lies in the degree of intention and severity. For example, if a person hits another with an object intending to cause injury and the victim dies, it could be considered culpable homicide. However, if the intention was purely to kill, it becomes murder. Culpable Homicide is defined under Section 308 of the IPC.

Key Difference:

Section 307 applies when the accused had a clear intent to kill.
Section 308 applies when the act was dangerous and could cause death, but there wasn’t a definite intention to kill.

How Courts Determine Intent Under Section 307 IPC:

Courts look at several factors to determine if there was an attempt to murder, such as:

The nature of the weapon used (e.g., guns, knives).
The body part targeted (attacking vital organs indicates intent to kill).
The severity of injuries caused.
The circumstances surrounding the act (was it planned, sudden, or provoked?).

Conclusion:

Section 307 of the IPC ensures that those who attempt to take another person’s life face serious legal consequences, even if they don’t succeed. The law focuses on the intention and the action taken toward committing murder, making it clear that any attempt to end someone’s life is a grave offense. Courts in India have consistently held that proving the intent to kill, along with an overt act demonstrating this intention, is crucial for a conviction under Section 307.

Written by Shubhankar Krishnan

A Delhi University graduate and a 1st Year Law Student, Gaining experiences in Areas under General Corporate, litigation and Intellectual Property Rights.