When an act would constitute the offence punishable as an attempt to murder under Section 307, IPC?
If a man commits an act with such intention or knowledge and under such circumstances that if death had been caused, the offence would have amounted to murder or the act itself is of such a nature as would have caused death in the usual course of an event, but something beyond his control prevented that result, his/her act would constitute the offence punishable as an attempt to murder under Section 307, IPC.
Section 307 read as:
“307. 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 [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.]”
Three types of sentences prescribed U/s 307 of the IPC which are as follows:
A perusal of Section 307, IPC, would make it clear that it really imbibes the true spirit of the maxim ‘culpae poena per esto’ – means ‘let the punishment be proportionate to the offence; let the punishment fit the crime.’ It itself prescribes three types of sentences imposable on a convict there under.
If it is an attempt to murder simpliciter, the offence is punishable maximum with by a term of imprisonment of either description up to ten years and fine.
Second part of Section 307, where victim suffers hurt. There can be no doubt with respect to the position that the convict under this part can be sentenced to undergo imprisonment for life. The consequence of the attempt to murder, the case would definitely be fallen under the second part of Section 307, IPC. In case the victim suffered hurt in terms of the second part of Section 307, IPC, the convict can be sentenced to undergo imprisonment for life. In the event the court did not consider that imprisonment for life is not to be imposed, the other option, going by the provision, is only to impose such punishment as is mentioned in the first part of Section 307, IPC. The first part, as noticed hereinbefore, prescribes punishment with imprisonment of either description for a term which may extend to 10 years and also to pay fine. A bare perusal of the second part of Section 307, IPC, would undoubtedly show that it did not prescribe for imposition of punishment more than what is prescribed under the first part thereof. The maximum imprisonment permissible under the first part of Section 307, IPC, is “imprisonment of either description for a term which may not extent to 10 years and also fine”. When the court concerned upon convicting the accused concerned, thought it fit not to impose imprisonment for life, the punishment to be handed down to the convict concerned in any circumstance cannot exceed the punishment prescribed under the first part of Section 307, IPC.
The last part of Section 307 prescribes death sentence as the only punishment when the offender during the commission of the crime is under the sentence of imprisonment for life and hurt is caused to the victim.