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(Under IPC, Section 307 Clause 2 prescribes the death penalty only for an attempt to murder by a life-convict, but alternate punishment is given in Section 109(2) of the BNS, which states that "be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life".)
Please refer to BNS 109 for updated procedures & punishments.
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.
Attempt to murder
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Attempt to murder | 10 Years + Fine | Cognizable | Non-Bailable | Court of Session |
| If such act causes hurt to any person | Imprisonment for Life or 10 Years + Fine | Cognizable | Non-Bailable | Court of Session |
| Attempt by life-convict to murder, if hurt is caused | Death or 10 Years + Fine | Cognizable | Non-Bailable | Court of Session |
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
- Classification of Section
- Attempt to murder
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Comments by Users
Raju
In attempt murder & ev teasing how can we get bail and in how many days will get the bail sir.
Reply by
LawRato
Attempt to murder and eve teasing are both non-bailable offences. This means that bail is not a matter of right. In such matters, bail is a decision of the Court. Whether or not bail will be granted in serious offences such as attempt to murder and eve teasing, depends upon a considerations such as nature of the accusation, severity of the punishment, health/age/gender of the accused, risk of witness being tampered with, etc.
For a non-bailable offence, you can approach the Magistrate with help of a lawyer. You may even have to approach the Sessions Court or the High Court if the Magistrate is unable to grant bail. Hiring a criminal lawyer is essential in order to make sure you get the best advice after your case is understood by the lawyer.
You can hire a criminal lawyer by clicking on the link - Expert Criminal Lawyer
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Frequently Asked Questions
Is IPC 307 the acquittal Judgement?
The court will look at whether the act was committed with knowledge or intent and in accordance with the section. A person charged under Section 307 IPC is not acquitted just because the victim suffered a minor injury.
What is Section 307 of the CRPC?
The court to which a case is committed may grant a pardon to any person who is suspected of being directly or indirectly involved in or privy of an offence.
What is IPC section 302?
IPC Section 302 Murder IPC Section 302 defines the punishment for murder: Anyone who commits murder will be punished by death or life imprisonment, as well as a fine. Snatching is described in Section 302 of the proposed Sanhita. 11 August 2023
What is the period of chargesheet of 307 IPC?
He argued, however, that according to the prosecution's claim, the victim was not injured, so the case falls under 307 IPC first part, and the chargesheet should be filed within 60 days. 29 Aug 2023
