SECTION 307 IPC - Indian Penal Code - Attempt to murder



IPC Section-307


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.

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Illustrations of Section 307 in the Indian Penal Code

  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.




Essential Ingredients for Attempt to Murder under Section 307

The essentials to prove an offence under Section 307 (Attempt to Murder) of the Indian Penal Code are:

  1. Nature of the Act: 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. Intention or knowledge of committing the offence: 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. Performance or execution of offence: The intention and the knowledge resulting in the attempt to murder by the accused is also needed to be proved for conviction under the section.

  4. The act by the offender would cause death in its ordinary course.

The essentials to prove an offence of Murder under Section 302 of the Indian Penal Code are:

  1. An Intention to cause death.

  2. The said act must be done with the knowledge that the act is likely to cause death of the other person.

  3. There should be an intention to cause such bodily injury that is likely to cause death.

    Consult: Top Criminal Lawyers in India

‘Attempt’ in Indian Penal Code

Section 511 of the IPC is a specific section which states the punishments for an “attempt” to commit an offence (as per the Indian Penal Code). If an act is a crime under the Indian Penal code, an attempt to do that criminal act is also a crime and punishable under Section 511 of the Indian Penal Code.



Scope of Section 307 of the Indian Penal Code

Section 307 deals with the offence of attempt to murder. This Section is applied when an action is taken by an individual, that would, in its ordinary course, cause the death of another individual, but for some reason or the other, did not cause death.

For example - Ms. X has planned to murder Mr. Y. She collects some toxic chemical drops with a clear intention to mix it in Mr. Y’s drink.

Until Ms. X has served the drink, she has not committed any offence.

However, if she places the poisoned/mixed drink on Mr. Y’s table, or gives it to Mr. Y’s servant/assistant to give to Mr.Y, then Ms. X has committed an offence of attempt to murder.



Nature of Offence under Section 307 of the IPC

  • Cognizable: Offences are divided into cognizable and non-cognizable. By law, the police are duty bound to register and investigate a cognizable offence.

  • Non-Bailable: This means that in a complaint filed under Section 307, the magistrate has the power to refuse bail and remand a person to judicial or police custody.

  • Non-Compoundable: A non-compoundable case cannot be withdrawn by the petitioner at his/her will.

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Stages of a Crime as per Indian Criminal Law

In Indian criminal law, 4 stages of crime are recognised. These should be present in any act to be considered a crime. The 4 stages are:

Stage 1: Intention/motive of the Individual:

The first stage i.e. the mental stage is an intention to commit a crime. Can be defined as the willingness of an individual to commit/do an act. However, mere intention to commit a crime is not a crime. Physical act is an important aspect in furtherance of the motive to commit the crime. The guilty mind or evil intent should be visible with a physical act.

Stage 2: Preparation for a crime:

The stage of preparation involves the arrangements made by an individual to execute a crime. However, even at this stage, no offence has been committed yet.

Even though mere preparation for any purpose is not a crime, still, certain actions can be prosecuted at this stage under the Indian Penal Code. For example- Preparation for waging a war against the State and preparing to commit dacoity are punishable even at this second stage.

Stage 3: Attempt to commit a crime:

The attempt of a crime occurs when preparation for it is done. The attempt is now a direct action in order to commit an offence.

Many sections of the Indian Penal Code make attempts to commit crimes, punishable offences.

Stage 4: Completion of the crime:

In order to make it a complete offence, the intended crime should be completed. The individual will be guilty of committing the crime after it has been completed.

‘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.

Consult: Top Criminal Lawyers in India



Execution of the Act (i.e. Attempt) under Section 307 of the IPC

A mere mal intent do an act is not enough to hold an individual guilty of a crime. A physical (and voluntary) action must be visible. Thus an attempt to commit the crime must be done in furtherance of the intention in order to hold that action as a crime. For Section 307 to be applied, it is important that the act in the ordinary course should be capable of causing death of another person.



Punishment for Attempt to Murder under Section 307 IPC

According to the Indian Penal Code, for an attempt to murder, punishment depends on the extent and also if the guilty is a life convict.

In an attempt to commit murder, if the action results in any injury to any person, then the offender will be imprisoned for a time period that may vary from 10 years to life imprisonment. It may also be accompanied by any amount of penalty.

If any person is already a life-convict or convicted for life imprisonment, does an act with the intent to commit murder of another individual (and causes hurt to him/her in this process), then he/she shall be punished with death penalty.



Offence and its Punishment

  1. Attempt to Murder - 10 years + Fine

  2. If such an act caused Hurt to that person - Imprisonment for Life or 10 Years + Fine

  3. Attempt to Murder by life-convict to murder, if hurt is caused - Death or 10 Years + Fine



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.

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Difference between (Attempt to) Murder and Culpable Homicide

There is a difference between murder and culpable homicide in the Indian criminal law. The thin line of difference lies in the intention behind the action of the criminal/guilty/accused. If an individual is killed in cold-blood or with proper planning and plotting to kill that person, then it would fall under murder, however, if the victim was killed without any pre-planning and in a sudden fight or due to sudden rage or on being provoked or instigated, then, such criminal/guilty/accused will be charged under culpable homicide Thus, whether the criminal act is a murder, or a culpable homicide, is a question of fact. The intention and action (i.e. facts of the case) decide whether it is murder or culpable homicide. All murders are culpable homicides but all culpable homicides are not murders. This distinction between the two criminal acts was aptly set forth in the case Sarkaria J., in State of A.P. v. R. Punnayya,((1976) 4 SCC 382).



Criminal Trial for an Attempt to Murder Case

The trial or a criminal court procedure is initiated with the instance of an FIR or a police complaint. The detailed trial procedure has been given below:

  1. FIR (First Information Report) / Police complaint: the first step is a Police Complaint or a First Information Report. This is covered under Section 154 of the Code of Criminal Procedure. An FIR puts the entire case into motion.

  2. Investigation and Report by Officer: The second step after the FIR, is investigation by the Investigation Officer. After the examination of the facts and circumstances, collection of evidence, and examination of persons and other necessary steps, the officer completes the investigation and prepares the investigation.

  3. Charge-sheet before Magistrate: The police then files the charge sheet before the magistrate. The charge-sheet consists of all the criminal charges against the accused.

  4. Arguments before Court and Framing of Charges: On the fixed date of hearing, the Magistrate hears the parties’ arguments on the charges that have been set and then finally frames the charges.

  5. Plea of guilty: Section 241 of the Code of Criminal Procedure, 1973 talks about the plea of guilty, after framing of the charges the accused is given an opportunity to plead guilty, and the responsibility lies with the judge to ensure that the plea of guilt was voluntarily made. The judge may upon its discretion convict the accused.

  6. Evidence by Prosecution: After the framing of the charges and the accused pleading ‘not guilty’, the evidence is first given by the Prosecution, upon whom the burden of proof initially (generally) lies. Both oral and documentary evidence can be produced. The magistrate has the power to issue summons to any person as a witness or order him to produce any document.

  7. Cross Examination of Witnesses by Accused/Counsel: Witnesses of the prosecution when produced before the court are cross examined by the accused or his/her counsel.

  8. Evidence by Accused if any, in defence: If the accused has any evidence, it is presented to the Courts at this stage. He/she is given this opportunity to make his/her case stronger. However, since the burden of proof is on the prosecution i.e. the alleged victim, the accused is not required to present evidence.

  9. Cross Examination of Witness by Prosecution: If witnesses are produced by the defence, they will be cross-examined by the Prosecution.

  10. Conclusion of Evidence: Once the court has been presented with evidence from both sides, the evidence is concluded by the Court/Judge.

  11. Oral / Final Arguments: The final stage, nearing the judgement is the stage of final arguments. Here, both parties take turns (first, the prosecution and then the defence) and make final oral arguments in front of the judge.

  12. Judgement by the Court: Based upon the facts and circumstances of that case, and upon the arguments made and evidence produced, the Court gives its final judgement. The Court gives its reasons in support of the acquittal or conviction of the accused and pronounces its final order.

  13. Acquittal or Conviction: If the accused is held guilty, he/she is convicted and if held ‘not-guilty’, the accused is acquitted in the final judgement.

  14. If Convicted, Hearing on Quantum of Sentence: If the accused is held guilty and convicted, a hearing will take place to decide the quantum or extent of the Sentence or jail time.

  15. Appeal to Higher Courts: An appeal to Higher Courts can be made if the scenario allows it. From Sessions court, an appeal can be made to the High Court and from High Court, to the Supreme Court

    Consult: Top Criminal Lawyers in India



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 must 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. The lawyer will be able to guide you on the available defences, please and bargains likely to be offered and the expectant result of the trial, depending upon the facts and circumstances of your case.

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.

One must also be aware of the rights of a person if he/she is arrested under Section 307 for an attempt to murder. The rights that are guaranteed by the Constitution of India and even the Code of Criminal Procedure has been stated below:

  1. Right to be informed of grounds of arrest which has been made. Section 50(1) of the Code of Criminal Procedure, 1973 (CrPC) and Article 22(1) of the Constitution of India enforce this right.

  2. Right to inform the relatives/ friends – Police officer making arrest has to immediately give the information regarding such arrest and the place where the arrested person is being held to any of his/her friends, relatives or such other persons as may be disclosed or nominated by the arrested person, as per Section 50A of Cr.P.C.

  3. It is also the duty of the police officer to inform the person arrested of his/her rights.

  4. Right to be informed of right to bail as per Section 50(2) of Cr.P.C. The arrested person also has a right to be released on bail, when arrested without warrant for an offence other than a non-cognizable offence.

  5. Right to be produced before a magistrate without delay – It is illegal to keep a person in detention for more than 24 hours without the orders of the Magistrate as per Section 56 of Cr.P.C. and Article 22(2) of the Constitution of India. Right of not being detained for more than twenty-four hours is also covered in Section 76 of Cr.P.C.

  6. Right to consult a legal practitioner – This right begins from the moment the arrest is made. It is required that the arrested person should contact his lawyer without any delay. This right is also covered under Article 22(1) of the Constitution of India, along with Section 41D of CrPC, and Section 303 of CrPC.

  7. Manhandling and Handcuffing – It is illegal to manhandle a person at the time of arrest.

  8. Search of arrested person who is female – In case of a women offender only a female police can search another female. The search should be carried out in a decent manner. A male police officer cannot search a female offender. He can however search a woman’s house.

  9. Also there exists a right to be examined by a medical practitioner.

  10. Arrested person has a right to legal aid and fair trial. Article 39-A states that the government in an effort to secure justice should endeavour to provide free legal aid to people in need.

  11. Right to remain silent is also an important right. This has been ensured in CrPC and even the Indian Evidence Act.

  12. Right against Handcuffing and Torture.

  13. If your personal items are kept by the police, you have a right to receive a receipt for the same so that you can take them later when you are released on bail.

If you have been accused in an attempt to murder case and are preparing your version of events with the lawyer, it is important to be aware of the Attorney-client privilege. This means the statements that are made in confidence to the lawyer/advocate are protected. The attorneys are restricted to share this confidential information that the client shares with him/her. Therefore, being honest and open to your attorney’s questions is the best route of mounting a sound legal defense.



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.

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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.



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.

Consult: Top Criminal Lawyers in India



Appeal for a Case under Section 307 IPC

An appeal is a procedure by which a judgment or an order of a lower court/subordinate court is challenged before a higher court. An appeal can be filed by either party to the case before the lower court. The individual who is filing or continuing an appeal is called the appellant and the Court where the appeal has been filed is termed as the Appellate Court. A party to a case does not have any inherent right to challenge the judgment/order of a Court before its superior or higher Court. An appeal can be filed only and only if it is specifically allowed by any law and has to be filed in the specified manner in the specified Courts. An appeal should also be filed in a time bound manner.

An appeal can be made in a higher court if there are good grounds for the same. An appeal from the district/magistrate court can be made to Sessions court. From the Sessions court, an appeal can be made to the High Court and from the High Court, to the Supreme Court. Both the wife and the accused can go for appeal if the circumstances so arise.

Any person convicted on a trial held by Sessions judge or an Additional Sessions judge or on a trial held by any other court in which a sentence of imprisonment for more than 7 years has been passed against him or against any other person in the same trial can appeal to the High Court.



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.



Testimonials

1. “My friend has been charged for an attempt to murder case after he got in a fight with his neighbor over a parking issue. His neighbor is fighting for his life and my friend beat him up very badly. I consulted a lawyer who advised me to apply for bail. I took his advice and filed the bail application for my friend. Upon careful consideration of the case, the Court seems tilted towards the neighbor. The case is still going on, however, it was both party’s fault as the neighbor charged at my friend first. However, the Court is the best judge and we believe good judgment will come from the respected judges.

-Mr. Rajeev Aggarwal


2. “My daughter was the prime suspect in an attempt to murder case. He was incorrectly charged as the person who had actually committed the crime had very cleverly asked my daughter to be present at the crime scene in order to frame her and had himself vanished. However, since my daughter was arrested at the crime scene, the case was very strong against her. Upon his arrest I immediately filed a bail application in consultation with my criminal lawyer. After an 18 months long battle in the Court, the Court decided in our favour and granted bail to my daughter. The matter is still pending, however, thanks to our lawyer, we have been able to put forth evidence which could prove my daughter’s innocence. “

-Mr. Prashant Kashyap

3. “A thief, while robbing our house also attempted to murder me and my husband when we caught him stealing at night. He was charged with robbery as well as an attempt to murder and was arrested immediately as the police arrived. He stayed in custody for almost 2 years before the Court finally held him guilty for the robbery and attemp to murder charge. Upon consultation with the lawyer only we could understand the many technicalities involved in the case and could make a solid case for ourselves in the Court.”

-Mrs. Meena Tripathi

4. “I had filed a complaint of attempt to murder and grievous hurt on my brother who almost killed our father when he refused to give him a share in his property. I consulted a lawyer from LawRato.com who guided me through every step of the case and helped me get him the rightful sentence for committing such a heinous crime. The case went on for around 3 years during which my brother was imprisoned.”

-Ms. Kirti Singh

5. “My father got back from the dead and was almost murdered by his business partner who gave him poison. Somehow, the accused managed to get false evidence and got bail. The Police was also being on the accused’s side. However, the magistrate got to the root of the matter and with the help of strong evidence including CCTV footage, we managed to prove our side and got the accused business partner rightfully jailed."

-Mr. Randeep Sethi

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Important Judgments related to Attempt to Murder

1. Liyakat Mian & Ors. Vs. The State of Bihar, 1983


The four appellants were held guilty under Section 395 of the IPC by the Sessions Court for committing dacoity in the house of Hardeo Mahton.

During the trial, it was held that appellant No. 2 will also be charged for attempt to commit murder under Section 307 of IPC. While the appellants were committing dacoity, appellant No. 2 fired a gun at Burhan Mahton which injured him gravely.

The Sessions Court held that Burhan Mahton died because he succumbed to the injuries caused by accused No. 2 and the accused No.2 would be held guilty of attempt to murder under Section 307.

The Trial Court convicted the accused under Section 395 for dacoity and under Section 307 for an attempt to murder. He punished all the accused of dacoity and gave them nine years imprisonment. The accused was also sentenced to nine years of rigorous imprisonment. It was held that accused no. 2 will serve both punishments simultaneously.

The four convicts filed for an appeal before the High Court. The High Court upheld the decision of the Trial Court and dismissed their plea.

The Apex Court considered all the evidence and dismissed their appeals.



2. Bhishan Singh & Anr. Vs. The State, 2007 SC 1015


Facts of the case

Bishan Singh and Govind Ballabh were convicted for the commission of an offence under Section 147 and 308/149of the Indian Penal Code. Out of a group of 6, they were the only two who had survived. Harish Bhatt, the plaintiff, was assaulted by the accused with lathis. They also took out Rs.400 out of his pocket. In order to save him, the plaintiff’s brother Ghanshyam intervened. But all of the accused attacked Harish Bhatt with an intention to kill him. As a result, Harish Bhatt did not die but received several grievous injuries because of their attack.

Trial Court

The trial judge convicted the appellant under Section 147 IPC for rioting and under 308/149 of IPC. The court sentenced them to imprisonment for one year under Section 147 IPC and four years under Section 308/149 IPC.

In his FIR, the informant said they were threatened by the accused. They argued that the act was done with the intention of murder, but the offence was recorded under 147 and 323 of IPC when it should be recorded under Section 308.

The judge after analysing the non-presence of the ingredient of Section 308, convicted them under Section 323 and 325.



3. Rambabu Vs. The State of Madhya Pradesh 2019


In this case, the appellant was convicted under Section 307 of India Penal Code. The court sentenced him to five years of imprisonment and charged him of Rs. 5000 as a penalty.

The court held that the appellant was guilty under Section 307 and the bail will not be granted. The Court also held that injuries on the other person, regardless of their severity, would attract punishment under Section 307. All the injuries will be considered as an offence and the person committing will be held guilty.

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.


Legal Questions Answered by Top Lawyers on IPC 307


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