The legal provision of Indian law that has been pertinent to tried to murder is section 307 IPC.
307 of the IPC provides Section that giving an attempt to murder is unlawful. The provisions of this section state that any person who attempts to murder shall be taken to court and on conviction. Be punished with imprisonment for an extended period of time of up to ten years and to pay a fine.
Eighth-Attempt to murder is taken into consideration as a serious unlawful act in India. This section can be applied even in instance where the perpetrator has not killed the victim because the victim can live and proceed to avenge on the perpetrator.
The Provision Of Section 307 IPC Read With The Explanation Stated As Follows
The essential elements that constitute the offence under Section 307 IPC are
- Accused aimed to deliberately end the life of a individual while intending to commit murder.
- In the case the accused had a design to take the life of that person
- The accused has done some overt act in order to perpetrate the murder.
It has to be proved that the accused had a set overarching aim and there is effort to eliminate the victim in a murder case. No offence under this section where there is no act done, but the intention is to commit murder.
What Acts Are Considered an Attempt to Murder?
Some examples of acts that can amount to attempt to murder under Section 307 IPC are
- Causing bodily injury by dangerous weapons or means which is an intention to murder and includes using a gun, knife, acid, or explosives, etc.
- Giving or making another person take poison or any other toxic substance which is likely to lead to death
- Eagerness to die of asphyxia, suffocation or strangulation
- Where one endangers or violates the personal integrity of another in a way that would be fatal.
Available Defences Against Charge Under Section 307 IPC
Some defences can be used by an accused person to counter a charge laid under section 307 of IPC. These include:
- The injury caused was the result of grave and sudden provocation It was not an intentional act but one that was brought on by provocation that was grave and sudden. This can decrease the punishment.
- The accused has acted in such a way that reveals that he had no intention to kill the victim. The harm inflicted was not a deliberate one but rather an unfortunate mishap.
- Alcohol had taken its toll on the accused and his movements were not voluntary. Nevertheless, self-intoxication is not a defence that one can make in a court of law.
- The accused was or suffered from, pre-suned mental illness or instability which rendered him capable of not comprehending the nature of his actions.
- The act was committed in good faith – to further the interest of the victim or for public interest.
Attempted Murder and Punishment 307 IPC
A person held guilty under Section 307 shall be punished with.
Serving of Rigorous Imprisonment for a term, for at least seven years and more than ten years.
Fir Status Bihar there is an interruption and a need to visit the police station; instead, a complaint can be quickly filed through a mobile app.
Fine 307 IPC
If any harm is cause to the victim through an act by the accused. The accused is liable to be given a life imprisonment or to suffer rigorous imprisonment for 10 years and to pay a fine.
Likewise the court decides on the measure of the penalty to be imposed in consideration with facts and circumstances of the case. Moreover, if the offender has a motives to cause a serious injury to the complainant, the offender is punished severely.
To sum up, in the present paper, I have discussed the main issues which arose during the consideration of the offence under Section 307 of IPC. More, if there is more information that you would wish to know concerning this or any other question I can answer kindly be informed.
Conclusion
Section 307 of IPC penalises the offence of attempt to commit murder as unlawful. The crime upon conviction attracts a jail term of up to 10 years and fines. These are the accused’s desire to kill, the preparation to kill as well as any act done in the process of killing. Other acts that can be regarded as attempts to commit murder are incitement to use deadly weapons and giving poison.
Defenses against Section 307 charges may include claims of grave provocation, lack of intent, intoxication, mental instability, or acting in good faith. Punishments for those found guilty typically involve rigorous imprisonment for a term between seven to ten years. Along with potential fines and additional penalties if harm to the victim occurs. The severity of punishment varies based on the case’s specifics.