Murder is considered as one of the most ruthless offences, it basically means, to put an end to a human being’s life unlawfully and with premeditated malice. Even the attempt to commit a grave crime like murder is a punishable offence under IPC, section 307.
IPC section 307 defines attempt to murder as any person who commits an act including two principles intention and knowledge in such circumstances, if he by this same act caused death, he would be guilty of murder, shall be punished for the same. In case of the act resulting into injury to any person the offender shall be liable to punishment. Proper analysis of facts and circumstances of the case do take place while convicting any person under this section.
a) The nature of the action.
b) Knowledge or intent to commit an offence.
c) Committing an act of offence against it.
d) Death is the final result from the action.
Nearly every criminal offense involves the two principles “mens rea” and “actus reus”.
“Mens rea” refers to guilty mind or guilty intention on the other hand “actus reus” refers to guilty act. With every crime a question of “intention” does come along, intention plays a key role in the cases of attempting to commit a crime.
“What is material to attract offense under section 307 of the IPC is the intention or knowledge with which all the acts are done irrespective of its result” -The Gujarat High court.
Criminal offences can either be bailable or in case of severity non-bailable. When the investigating authority can arrest the suspect or accused without a warrant it is said to be cognizable offence.
Non-cognizable offences are those in which the investigating authority cannot arrest an accused without warrant. Section 307 is non bailable thus the judge has the authority to refuse to grant bail.
Thus, section 307 is classified as:
To put it in simpler words the term ‘attempt’ in the given setting refers to, an actual effort to commit a crime but it does not result into whatever was intended in the first place. The very instance of putting the effort or trying to murder is what we call attempt to murder.
Section 511 talks about the punishment relating to taking action towards a crime. When an attempt comes dangerously close to committing a criminal offence, it becomes a crime. It is the time where the criminal has finished the preparation and is actively working toward committing the crime.
There are two ingredients:
A behavior or action that is not appropriate for the peaceful existence of a society is referred to as crime. Just like any other process or action there are various stages one usually goes through in order to ultimately commit a crime. Stages of crime comprise of intention, preparation, attempt, completion, or accomplishment.
Mental stage, the intention describes about the readiness of the person to commit crime. The mere intention to commit a crime without any physical action or attempt does not constitute to crime. Here the guilty mind must be evident.
As the name suggested under preparation the arrangements to execute the plan are formed. No offence has been committed till this stage.
After the preparation to commit, the offence is done comes the stage of putting up the direct action towards committing the crime.
In order to complete the offence or crime the final stage of completion takes place.
Section 34 of Indian penal code separately talks about the intention, the law always keeps it in mind that mere intention without any act is not punishable.
Intention of the accused always plays an important role in any criminal case, to determine the accused's intention under this provision, a number of factors are taken into account, including the type of weapon used, how it was used, the reason for the crime, the force used, and the part of the body that was injured.
“Nobody can enter into the mind of the accused and his intention has to be ascertained from the weapon used, part of the body chosen for assault and the nature of the injury caused”: Supreme Court of India in the case of Sadakat Kotwar and Anr. vs. The State of Jharkhand, 2021.
Similar to culpable homicide and murder section 307 and section 308 also has a very thin line. The two acts are punished and handled in different ways because attempting to commit an offence differs from actually committing one.
As they both punish attempts at crimes, Sections 307 and 308 of the IPC are similar in nature. The attempt to commit murder is covered by Section 307 of the IPC, and the attempted murder is covered by Section 308.
According to Section 308 of the Indian Penal Code, anyone who commits any kind of act with the intent or knowledge that, if the act resulted in death, they would be guilty of culpable homicide not amounting to murder, shall be punished with either description of imprisonment for a term that may extend to three years, or with fine, or with both; and, if the act results in injury to any person, shall be punished with either description of imprisonment.
Since the intent or knowledge to commit murder is more intensely associated with the act itself under Section 307 than it is under Section 308, the offence is graver under Section 307 than it is under Section 308.
The element that such an act would likely result in the death of any person is included under Section 308 even though the ingredients of intention or knowledge are present, making the accused guilty of culpable homicide not amounting to murder.
Just like any other criminal offence the procedure for trial under section 307 commences from a FIR, further there are various procedures and steps for trail.
In the case of Sri Chandan Adhikari v The State of Tripura, The Tripura High Court, reduced the sentence of the accused who was convicted for the offence of attempt to murder on the ground that it “Happened in A Spur of The Moment, No Intention to Kill”.
Section 307 IPC states that an attempt to commit murder is a punishable offence,
In the case of Bhagwan Singh vs. State of Uttarakhand: On 21st April, 2007,
Even section 307 of IPC incorporates the “intention” and “knowledge” as main ingredients the same making it uncomplicated to recognize the attempt to murder. Section 307 is non-bailable, the offense is serious misconduct. The considerations that appear to be essential here are the nature of the act's intention and knowledge and circumstances under which the act was done. When the punishment is being decided the learned court looks deeply into the facts and extent to which the crime is committed.