Section 307 IPC and Punishment -attempt to murder and prescribes for punishment for attempt to murder which can extend upto 10 years . however in cases when the victim is hurt, the maximum punishment may extend to imprisonment for life.
Understanding the basic fundamentals of Section 307 IPC
Section 307 which as per the provision of Indian Penal Code is an attempt to murder whereby there is an attempt to cause death of a person. whether the intention to cause such hurt and the finality of causing such hurt is successful or not which means that such attempt to murder was unsuccessful which in other words is an attempt which failed to cause death of a person .
What are the Essential Ingredients under Section 307 IPC and Punishment ?
- Nature of the Act: Basically the act was such that had it not been prevented it would have led to the death of a person.
- Intention or knowledge : This is an essential ingredient in criminal law, the intention to kill is required to be proved and very much beyond reasonable doubt, whether dangerous weapons were used as an example.
- Execution: Proving the intention and knowledge that the consequence would be such is an essential ingredient.
What is the nature and scope of Section 307 IPC?
As stated above it is a case that the act of causing murder was tried with the intention to kill and which resulted in the death of the person. Therefore it is not only the intention but also to act upon that intention to do the act which amounts to attempt to murder under Section 307 IPC.
Is the Offence under Section 307 of the IPC Cognizable ?
Yes it is a cognizable offence and the police may arrest even without warrant.
Is the offence under Section 307 IPC a non -bailable offence?
Yes it is a Non-bailable offence which means that the Magistrate may refuse bail and remand him to custody either police or Judicial custody.
Is offence Under Section a Non-Compoundable offence?
Yes it s a non-compoundable offence which means that once such a case is registered it cannot be compromised for settlement.
What is the Punishment for committing an offence under Section 307 IPC for attempting to murder?
Section 307 IPC and Punishment .From 10 years to life imprisonment and may also be imposed with fine. If in a case that person who is already undergoing sentence commits an such an act to murder another person that may result in death penalty. The Supreme Court has observed that a to sustain a conviction of an accused under Section 307 IPC (attempt to murder) if the injuries sustained by the complainant were very simple in nature.What is important is an intention coupled with the overt act committed by the accused.
Can FIR registered under Section 307 IPC be Quashed ?
Quashing under Section 482 CrPC is possible after collection of evidence and after thorough investigation and after sheet is filed and also after charge is framed during trial which means that it cannot be quashed when investigation is pending.
Conclusion for Section 307 IPC -Indian Penal Code
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