Table of Contents

Attempt to Murder

Table of Contents

Theoretical overview

Section 307 of Indian penal code deals with the offence of attempt to commit murder. 

In order to constituent offence under this section, two elements are essential: –

  • first the intention or knowledge to commit murder 
  • secondly the actual act of trying to commit the murder.

Under this section all the elements of murder exist except for the fact that death has not occurred.

An accused charged under section 307 cannot be acquitted merely because the injuries inflicted on the victim were in the nature of simple hurt. The determinative factor is intention or knowledge and not the nature of injury. It is not necessary for the applicable of this section that any injury should have been cause to the person on whom the attempt to murder was made. If the intention is not proved, then the accused cannot be conducted under this section.

If the act was capable of causing death, the offence will not fall under this section. However, it may be punishable under section 300 read with section 511, IPC.

Meaning of attempt

No exhaustive and precise definition of what would amount to an attempt to commit an offence is possible.  There is a thin line between the preparation for, and an attempt to, commit an offence. The moment a person commences to do an act with the necessary intention, he commences his attempt to commit the offence.

Attempt by life convicts – when any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punishable with death.

Section 308 of Indian penal code states attempt to commit culpable homicide.

Relevant sections

Section 307 in The Indian Penal Code

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 1imprisonment 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.

Section 308 in The Indian Penal Code

308. Attempt to commit culpable homicide – 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 culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both

Section 511 in The Indian Penal Code

Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment – Whoever attempts to commit an offence punishable by this Code with imprisonment for life] or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both

Important case laws

Kiran Kumar vs State of Gujarat where the accused stabbed the stomach near the naval region with a big knife blade, the court rightly rules that it is a case of attempt to murder and not grievous hurt.

Kaluram vs State of Assam   , in this case it was found that the accused had dangerous weapon but he inflicted only minor injuries on the victim, which clearly showed that he had no intention to murder and hence he was not convicted under section 307 IPC

Prakash Shandra Yadav vs State of Bihar       in this case the accused ordered a person to hurl bombs to kill an informant and the person hurled two bombs towards the informant but fortunately, the bombs did not explode and the high court refused to entertain the conviction of the accused under section 307 IPC citing the lack of serious injuries on the body of the victim, the Supreme Court asked for a reconsideration of the case due to the fact that the logic used by the high court was faulty.

Other concepts

Attempt

There are four stages of crime, which are Mens rea, preparation, attempt and commission. Attempt is the third stage of the crime, though the term attempt is not defined anywhere in Indian penal code. A person is punished for an attempt when he has taken any step after preparation which is proximately connected with the commission. It is an inchoate crime.

It is regarded as an inchoate crime as it is an incomplete or unfinished offence. Impossible attempt is also regarded as an attempt to promote social welfare as the aim of the law is to deterrent crimes.

Test to find the difference between preparation and attempt are: –

1. Proximity test – it is measured that the defendant is how close to the completion of the crime

2. Locus Poenitentiae test (doctrine of repentance) – person cannot be charged for an attempt if he is in the position to give up or abandon his plan out of his own accord, after the formation of Mens rea

3. Res Ispa Loquitor test (unequivocally test) – it means the things speaks for itself. Some actions are of such nature which itself defines its cause.

Points to remember

  • Section 307 of Indian penal code deals with the offence of attempt to commit murder. 
  • Under this section all the elements of murder exist except for the fact that death has not occurred.
  • An accused charged under section 307 cannot be acquitted merely because the injuries inflicted on the victim were in the nature of simple hurt
  • The moment a  person commences to do an act with the necessary intention, he commences his attempt to commit the offence.
  • Section 308 of Indian penal code states attempt to commit culpable homicide.

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