SECTION 307 IPC - Indian Penal Code - Attempt to murder

Description of IPC Section 307

According to section 307 of Indian penal code, 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.

  • Classification of Section
  • Attempt to murder

Offence : Attempt to murder

Punishment : 10 Years + Fine

Cognizance : Cognizable

Bail : Non-Bailable

Triable : Court of Session

Offence : If such act causes hurt to any person

Punishment : Imprisonment for Life or 10 Years + Fine

Cognizance : Cognizable

Bail : Non-Bailable

Triable : Court of Session

Offence : Attempt by life-convict to murder, if hurt is caused

Punishment : Death or 10 Years + Fine

Cognizance : Cognizable

Bail : Non-Bailable

Triable : Court of Session

Section 307- Attempt to Murder

The offence of attempt to murder is considered almost as serious as committing murder, however, the only dissimilarity that exists between the two is the fact that murder takes place where the act of the accused has caused the death of the victim, whereas, attempt to murder is a failed attempt to cause the death of the victim. The essentials to prove an offence under section 307 of the Indian Penal Code are:

  1. The act attempted should be of such a nature that if not prevented or intercepted, it would lead to the death of the victim.

  2. The intention to kill is needed to be proved clearly beyond reasonable doubt. To prove this, the prosecution can make use of the circumstances like an attack by dangerous weapons on vital body parts of the victim, however, the intention to kill cannot be measured simply by the seriousness of the injury caused to the victim.

  3. The intention and the knowledge of the result of the attempt to murder by the accused is also needed to be proved for conviction under the section.


Intention under section 307 of IPC

In order to convict a person under this section, it is more important to prove the intention of the accused to kill the victim rather than proving the act to kill. In other words, to convict a person under Section 307, the attempt to kill the victim must arise out of a specific intention or desire to murder the victim. The nature of the weapon used, the manner in which it is used, motive for the crime, severity of the blow, the part of the body where injury is inflicted is all taken into consideration to determine the intention of the accused under this section. Therefore, in a case where the accused had a dangerous weapon but he inflicted only minor injuries on the victim showing that he had no intention to murder the victim, the accused will not be convicted under section 307 of the Indian Penal Code. Similarly, where the accused stabs the victim in the stomach near the navel region with a big knife blade, the accused would be liable to be punished for an attempt to murder.

However, the nature of the injury is not always the basis to ascertain the intention as a very serious injury need not be caused in an attempt to murder. In some cases even if the injury is not grave but has been inflicted with an intention to murder a person, it would be enough to convict the accused under section 307 of the Indian Penal Code. Thus, without intention or knowledge of accused to murder the victim being established, an offence of attempt to murder cannot be framed under the Indian Penal Code.

Under section 307, the offence is complete even though the death of the victim does not take place. It will still be a crime under this section when no harm is inflicted upon the victim. But the section implies that the act of the accused must be capable of causing death. An accused charged under this section cannot be acquitted merely because the injury inflicted on the victim was in the nature of simple hurt.

Attempts by life convicts under section 307

The second part of section 307, prescribes death sentence to a life convict for an attempt to bodily injury capable of causing death and in that process causing hurt to such person. Section 307 which specifically uses the word ‘may’ and not ‘shall’ provides that when any person committing an offence under this section is under imprisonment for life, he may be punished with death. However, the courts have the power to reduce the quantum of sentence if certain conditions are met and the Court is satisfied that by reducing the sentence the ends of justice are met.

Offence under section 307 is cognizable and a warrant should ordinarily be issued in the first instance. It is non-bailable as well as non-compoundable and is exclusively triable by the Court of Sessions.


  1. A shoots at Z with the intention to kill him, under such circumstances that, if death ensues, A would be guilty of murder. A is liable to punishment under this Section.

  2. A, with the intention of causing the death of a child of tender years, exposes him in a desert place. A has committed the offence defined by this section, even though the death of the child does not ensue.

  3. A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence, A fires the gun at Z. He has committed the offence defined in this section, and if by such firing he wounds Z, he is liable to the punishment provided by the latter part of the first paragraph of this Section.

  4. A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping ; A has not yet committed the offence defined in this Section. A places the food on Z’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this section.

What to do if involved in an Attempt to Murder case?

A crime as serious as an attempt to murder is a critical case to deal with, either for the petitioner or the defendant. A person charged with an attempt to murder can face severe penalties if convicted. On the other hand, it is similarly difficult for the petitioner to prove the charges levied by him/ her. This is why it is important for both the petitioner and the defendant to thoroughly prepare for the case. A person involved in such a case must know all his/her rights before and after arrest. For this purpose, one can take the help of his/her lawyer. One should also prepare a timeline of events and take it down on a piece of paper so that it is easier to brief the lawyer about the case. This will also help the lawyer to formulate a strategy to successfully conduct the trials and convince the court to adjudge in your favour.

Further, it is important to have a fair understanding of the law involved in an attempt to murder case. One must sit with his/her lawyer and understand the procedure as well as the law governing the case. It is also critical to perform your own research and understand the risks involved and how you can overcome the same.

What to do if involved in a false Attempt to Murder case?

There may be instances where an individual must have been falsely accused of an attempt to murder. In such cases, the accused must talk to his/her lawyer and explain the entire scenario to him/her without even minor alterations as such changes can have a big impact on the case. You should discuss the case thoroughly with the lawyer, even multiple times if you believe that you were not able to make your lawyer understand some of the technicalities involved in the case earlier. You must also do your own research about the case and prepare yourself accordingly for the trials with the help of your lawyer. You should follow your lawyer’s instructions properly and take advice for things even as minor as your appearance in the court.

How to get bail in an Attempt to Murder case?

Getting bail in a case as serious as an attempt to murder is not an easy task for obvious reasons. The severity of the offence is so much that the crime has been characterized as a non-bailable offence. In order to get bail in such cases, an accused would require very strong reasons. The accused will have to apply for anticipatory bail before the arrest is made. The court will consider various essentials such as antecedents of the accused, his status in the society, the motive for the offence, police charge sheet, etc. After considering all the essentials if the reasons favour accused bail will be granted. It is crucial to take assistance from an experienced criminal lawyer in cases like these.

How can a lawyer help you?

A lawyer having substantial experience in handling criminal cases can guide you through the court procedure and can help you prepare a solid defense for your case. He can prepare you for cross-examinations and guide you on how to answer the prosecution’s questions. A criminal lawyer is an expert in dealing with criminal cases knows how to tackle a particular case owing to his years of experience. Having a good criminal lawyer by your side you can ensure a successful result in your case in the minimum time possible.

What happens if a criminal charge is not dismissed?

Being charged with a crime, whether major or minor, is a serious matter. A person facing criminal charges, such as mentioned under section 307, risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. While some legal matters can be handled alone, a criminal arrest of any nature warrants the legal advice of a qualified criminal defense attorney who can protect your rights and secure the best possible outcome for your case. Thus, it is crucial to have a good criminal lawyer by your side when charged with a crime as serious as mentioned under section 307 who can guide you with case and can help get the charges dismissed.

FAQ's on IPC Section 307

What offence is defined under IPC 307?

IPC 307 Offence: Attempt to murder.

What is the punishment for IPC 307 Case?

The punishment for IPC 307 is 10 Years + Fine.

Is IPC 307 cognizable offence or non-cognizable offence?

IPC 307 is a Cognizable.

How to file/defend your case for IPC 307 offence?

Use LawRato for filing/defending your case under IPC 307 with the help of best criminal lawyers near you.

Is IPC 307 bailable or non-bailable offence?

IPC 307 is a Non-Bailable offence.

In what court can IPC 307 be tried?

IPC 307 is tried in the court of Court of Session.

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