Indian Penal Code, 1860
Section 307
repealedAttempt 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.
Why this exists
This section punishes attempted murder, recognizing that someone's intent and dangerous conduct deserve serious punishment even if the victim survives, whether by luck, medical help, or the victim's own resistance. It ensures that failed murder attempts are not treated lightly just because death did not occur. Under the Bharatiya Nyaya Sanhita, 2023, the equivalent provision is Section 109.
How courts read it
Courts have held that to convict under this section, the prosecution must show intention or knowledge sufficient for murder, not just for causing hurt; the nature of the weapon used, the part of the body targeted, and the severity of the injury are key factors courts examine. The Supreme Court has clarified that the offence is complete once the act with murderous intent is done, and it is not necessary that the injury actually be dangerous to life for a conviction, as long as the intention was to kill.
Common misconceptions
- Myth: If the victim survives, it's a much lesser crime than murder.
Fact: Attempted murder under this section can be punished with life imprisonment if the victim is hurt, showing the law treats it very seriously even without death.