Ingredients of Section 307 IPC
The offense under section 307 is proved if the act fulfils the conditions present in essential ingredients of section 307. The ingredients of Section 307 are given below.
Intention to Commit the Offence
Section 307 focuses on the intention of the offender to kill. It means even if an attempt to murder doesn’t cause death, the focus is on the intention of the perosn to kill. The awareness of the offender that their actions or weapon that is used might result in death of the person. So, the court must assess the offender’s intent or knowledge to determine the offense of the accused under Section 307. In simple words, it’s about whether the person meant to cause harm and knew that it could result in someone’s death.
Nature of the Act
Determining intention involves considering the nature of the act, the weapon used, and the overall seriousness of the situation. In simple words, it’s about figuring out whether the act, if successful, would have led to the death of the person and this helps in understanding the offender’s intention.
Execution of the Act
Section 307 deals with an unsuccessful attempt to commit murder and it involves the intent and preparation for the act. It is followed by the actual execution, which, even if unsuccessful, is punishable as a complete attempt. So, the law considers not just the planning but also the actual effort to carry out the act of murder.
The Act by the Offender would Cause Death in its Ordinary Course
The person must know that their actions are likely to cause someone’s death. They must have the intention to cause harm that could inevitably lead to death. The focus is on the intention related to the consequences of the act that can result in the death of the person.
Section 307 IPC – Attempt to Murder
Section 307 of the Indian Penal Code (IPC) provides for the offense of attempt to murder. It prescribes a minimum punishment of seven years imprisonment, extendable to life, and a fine. Repeat offenders may face life imprisonment. If the offense is committed by the life-convicts then the punishment is the death penalty. Recently, the Supreme Court in S K Khaja v. State of Maharashtra case passed judgment that a conviction of an accused under Section 307 Indian Penal Code, 1860 (IPC) can be sustained even if the injuries suffered by the complainant were very simple.
In this article, we will briefly discuss Section 307 of the Indian Penal Code and the punishment provided for the offense of attempting to murder.
Table of Content
- Section 307 of IPC
- Features of Section 307
- Ingredients of Section 307 IPC
- Section 307 IPC Punishment
- Nature of Offense under Section 307 IPC
- Latest Supreme Court Judgement on 307 IPC
- Challenges in Implementing Section 307 IPC
- Conclusion