BACK TO SECTIONS(1983) 2 SCC 28
Non-BailableCognizable: YesCourt of Session
THE STATUTE
Original Text
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 to imprisonment for life...
Simplified
Section 307 punishes attempt to murder — the law assesses moral culpability at the dangerous act, not at whether the victim survived. A person who fires at someone's head and misses has committed the same morally culpable act as one who hits. Two-tier punishment: no hurt caused → up to 10 years; hurt caused → up to life imprisonment. The elements: (a) an act done; (b) with murderous intent or knowledge; (c) under circumstances where death would have been murder. Merely pointing a weapon without acting is not an attempt — there must be an act towards commission.
Legal Evolution
Section 307 is essential in acid attack prosecutions where the perpetrator intended to kill but the victim survived. Post-2013, dedicated acid attack provisions apply alongside Section 307.
Landmark Precedents
State of Maharashtra v. Balram Bama Patil (1983)
RELEVANCE
The act must have been done with the intention that, had it succeeded, the accused would have been guilty of murder.
Practical Scenarios
"Firing a gun at someone but missing entirely — Section 307 (up to 10 years)."
"Firing a gun at someone causing a non-fatal wound — Section 307 with hurt (up to life)."
"Attempting to poison someone but the dose was insufficient — Section 307."
Common Queries
Yes — if the act was done with murderous intent and was capable of causing death, conviction is valid without physical injury.
IPC 307 → BNS 109. Same two-tier structure: up to 10 years without hurt; life imprisonment if hurt is caused.
Three elements: (1) an overt act towards the commission of murder — beyond mere preparation; (2) intent or knowledge sufficient for murder (the same state of mind required for Section 300); (3) failure to complete the killing — the victim survives. A person can be convicted under Section 307 even if the blow did not connect or injury was minor, as long as the intent was to kill.
The critical distinction is intent. Section 307 requires the intent or knowledge that the act would amount to murder. Section 326 requires intent to cause grievous hurt but not necessarily death. When the victim survives a weapon attack, courts determine whether intent was homicidal (307) or merely to cause grievous hurt (326) — the nature of the weapon, location of injury, and circumstances guide this.
Section 307 has a two-tier punishment: if the attempt causes no hurt — up to 10 years + fine. If hurt is actually caused — life imprisonment or up to 10 years + fine. Causing actual injury opens up life imprisonment as an option.
Yes — courts frequently reduce Section 307 charges to Section 326/324 if the intent to kill is not established beyond reasonable doubt. The standard for intent to kill is high — the prosecution must show specific intention to cause death or knowledge that the act would in the ordinary course cause death.
Yes — Section 307 read with Section 34 (common intention) allows conviction of multiple persons for attempt to murder if they shared common intention to kill and acted in furtherance. Each participant is equally liable even if only one struck the blow.