Attempt to murder under Section 307 IPC — now Section 109 of the Bharatiya Nyaya Sanhita — is charged whenever an assault could, in the prosecution's assessment, have caused death. The chamber of Advocate Manish Jha defends such cases and advises injured complainants on the correct framing of charges.
Ingredients of the Offence
The offence has two elements: an act done with the intention or knowledge that, if it caused death, the offender would be guilty of murder; and the act itself, done towards the commission of the offence. Death need not result — indeed, no injury at all is strictly necessary — but the act must be of a kind capable of causing death, done with the requisite intention or knowledge. Firing at a person, stabbing at a vital part, or administering poison are typical examples.
Punishment
The basic offence is punishable with imprisonment up to ten years and fine. Where hurt is actually caused to the victim, the punishment may extend to imprisonment for life. For offences committed before 1 July 2024, Section 307 IPC applies; for later offences, Section 109 BNS, which carries the scheme forward. The offence is cognizable, non-bailable and triable by the Court of Session.
Why Medical Evidence Matters
Because the charge turns on whether the act could have caused death, the medical record is usually the pivot of the trial. The nature, number, dimensions and location of injuries, whether any vital organ was endangered, the weapon's character and the doctor's opinion on whether the injuries were dangerous to life — all bear directly on whether the case is truly one of attempt to murder or of the lesser hurt offences. Defence scrutiny of the MLC, the treating doctor's testimony and the alleged weapon frequently determines whether the Section 307 / 109 charge survives the framing stage.
Bail and Trial
Bail applications go before the Sessions Court and, thereafter, the High Court under Section 483 BNSS (earlier Section 439 CrPC). Courts examine the injuries actually caused, the part of the body targeted, recovery of the weapon and the applicant's role. The trial follows the ordinary Sessions procedure of charge, prosecution evidence, examination of the accused and defence evidence. The chamber appears at every stage — bail, charge, trial and appeal — before the Delhi District Courts and the High Court of Delhi, and also advises complainants where the police have applied lesser sections to a serious assault.
Frequently Asked Questions
Is injury necessary for a charge of attempt to murder?
No. The offence is complete when an act capable of causing death is done with the intention or knowledge required for murder, even if no injury results — firing and missing is the classic example. However, where hurt is actually caused, the maximum punishment rises from ten years to imprisonment for life, so the presence and nature of injuries remains significant.
What is the punishment under Section 307 IPC / Section 109 BNS?
Imprisonment of either description up to ten years and fine; if the act causes hurt to any person, the punishment may extend to imprisonment for life. The offence is cognizable and non-bailable, and is tried by the Court of Session. Offences committed before 1 July 2024 are charged under Section 307 IPC, and later ones under Section 109 BNS.
Why is the medical report so important in these cases?
Because the charge depends on whether the act could have caused death. The medico-legal certificate records the nature, size and location of injuries and whether they were dangerous to life, and the treating doctor's evidence on these points often decides whether the case is attempt to murder or a lesser hurt offence. Courts also weigh injuries heavily at the bail stage.
Can a Section 307 case be settled between the parties?
Attempt to murder is not a compoundable offence, so the parties cannot simply settle it before the trial court. In genuine cases of settlement, the High Court can be approached for quashing under Section 528 BNSS, earlier Section 482 CrPC, but courts examine such requests cautiously given the gravity of the offence, the nature of injuries and the public interest.