What is IPC Section 307?
IPC Section 307 defines the offence of attempt to murder — doing any act, with the intention or knowledge described in Section 300 (murder), that would have made the accused guilty of murder had death actually resulted. It is one of the most serious provisions frequently invoked in Indian criminal law — used in matters ranging from armed assault and firearm attacks, knife and blunt-weapon attacks, poisoning attempts, group/gang attacks arising from property or business disputes, to domestic violence and altercations that escalate into life-threatening injury.
Section 307 sits within Chapter XVI of the IPC ("Of Offences Affecting the Human Body") and is closely linked to Section 300, which defines murder, and Section 302, which prescribes the punishment for murder. The law treats an attempt on a person's life as being nearly as serious as the completed offence, since the only difference is often a matter of chance — a missed shot, timely medical intervention, or the victim's survival instinct — rather than any lack of intent on the part of the accused.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. The substance of Section 307 IPC now corresponds broadly to Section 109 of the BNS. FIRs registered before 1 July 2024 continue to be tried under IPC 307; incidents after that date are registered under the corresponding BNS provision. If you are unsure which law applies to your case, it is best to get this confirmed by a lawyer before filing or responding to a complaint.
Legal Provision — Text of Section 307 IPC
This provision must be read together with Section 300 IPC, which defines what conduct amounts to "murder," and Section 299 IPC, which defines "culpable homicide." A charge under Section 307 focuses squarely on the accused's intention or knowledge and the nature of the act itself — proof of an actual fatal or grievous injury is not a mandatory ingredient.
Punishment Under Section 307
| Imprisonment (no hurt caused) | Up to 10 years (simple or rigorous), at the discretion of the court, along with fine |
|---|---|
| Imprisonment (hurt caused) | Imprisonment for life, or up to 10 years as above, along with fine |
| If offender is a life-convict and hurt is caused | May be punished with death |
| Nature of Offence | Cognizable — police can register an FIR and investigate/arrest without prior court order |
| Bailable / Non-Bailable | Non-bailable — bail is not a matter of right and must be applied for before the court |
| Compoundable | Non-compoundable — cannot be privately settled or withdrawn by the complainant |
| Triable By | Court of Session |
| Limitation Period | None — being punishable with more than 3 years' imprisonment, there is no limitation period under Section 468 CrPC |
Courts also frequently invoke Section 307 alongside other provisions such as Section 324/326 (voluntarily causing hurt by dangerous weapons), Section 34/149 (common intention/unlawful assembly), the Arms Act (if a firearm is used), and Section 120B (criminal conspiracy), which can significantly affect the cumulative punishment and complexity of a case.
Key Ingredients / Essential Elements
For a conviction under Section 307, the prosecution must prove each of the following elements beyond reasonable doubt:
Intention or knowledge to cause death
The accused must have acted with the intention, or with knowledge, that the act was likely to cause death — the same mental element required for murder under Section 300.
An overt act towards commission
Mere preparation is not enough. There must be a physical, voluntary act done in furtherance of the intention — an act that goes beyond planning and moves toward execution.
Circumstances such that death, if caused, would amount to murder
Had the act actually resulted in death, the accused's conduct must be such that it would have been classified as murder under Section 300, not culpable homicide not amounting to murder.
Actual injury is not essential
Courts have consistently held that a bodily injury capable of causing death need not actually be inflicted for Section 307 to apply — the offence is complete once the act and the requisite intent/knowledge are established.
Nature of weapon, injury and conduct as evidence of intent
While injury is not mandatory, the weapon used, the part of the body targeted, the number and severity of blows, and the surrounding circumstances are used by courts to infer the accused's intention or knowledge.
What Should You Do — For Victims and For the Accused
Section 307 cases affect two very different sets of people: those who have survived a genuine attempt on their life and need urgent legal and medical support, and those who are implicated in what may really be a case of a mutual altercation, private enmity, or exaggerated allegation escalated to attract a graver charge. What you should do next depends entirely on which side you're on.
If You Are a Victim of an Attempt to Murder
- Get immediate medical attention and ensure a Medico-Legal Certificate (MLC) is prepared — this is critical evidence of the injury and its severity.
- Preserve the weapon (if recovered), torn/bloodstained clothing, CCTV footage, and any photographs of the scene or injuries.
- Give a clear, chronological statement to the police describing exactly what happened, who was involved, and any prior threats or disputes.
- Ensure the FIR correctly captures the intent behind the attack — vague FIRs are often the reason 307 charges get diluted later to lesser offences.
- Cooperate fully during the Test Identification Parade (TIP) and evidence recording, and keep copies of the FIR, MLC, and chargesheet for your records.
- Engage a criminal lawyer early to represent your interests during bail hearings and trial, since the accused's bail application will often be heard within days of the FIR.
If an FIR / Complaint Is Filed Against You
- Do not evade arrest or ignore a police notice — non-appearance can lead to a non-bailable warrant and worsen your position at the bail stage.
- Do not make statements to the police without a lawyer's guidance; anything you say can later be used as evidence.
- Gather evidence of the actual sequence of events — witnesses, CCTV, medical records — especially if you acted in self-defence or the incident was a sudden fight without premeditation.
- Apply for anticipatory bail under Section 438 CrPC (now Section 482 BNSS) before the Sessions Court or High Court if you anticipate arrest.
- If already arrested, apply for regular bail — courts examine the nature of the weapon, severity of injury, prior enmity, and risk of tampering with evidence or witnesses.
- Explore quashing of the FIR under Section 482 CrPC (now Section 528 BNSS) before the High Court only where the allegations, even if true, clearly do not disclose the ingredients of Section 307.
Attempt to Murder vs a Simple Assault or Fight — The Most Important Distinction
Indian courts have repeatedly cautioned that not every fight, scuffle, or assault resulting in injury amounts to attempt to murder. The prosecution must specifically establish intention or knowledge that death could result — the nature of the weapon used, the part of the body targeted, and the number/severity of blows are examined closely. Where the injuries are simple and there is no evidence of premeditation or intent to kill, courts have altered charges to lesser offences such as Sections 323, 324 or 326 IPC (now the corresponding BNS provisions on hurt).
FIR Filing & Bail Process Under Section 307
Filing the Complaint / FIR
Since Section 307 is cognizable, the police are legally bound to register an FIR on receiving information disclosing this offence, and to arrange an immediate medical examination of the victim. If they refuse, the complainant can approach the Superintendent of Police in writing, or move the Magistrate under Section 156(3) CrPC/BNSS.
Investigation
The Investigating Officer records statements, seizes the weapon and other physical evidence, obtains the MLC and medical opinion on the nature of injuries, and may arrest the accused, seeking police or judicial custody remand from the Magistrate.
Bail Application
Being non-bailable and triable by the Court of Session, bail is not automatic. The accused may apply for anticipatory bail before arrest, or regular bail after arrest, generally before the Sessions Court or High Court given the seriousness of the offence.
Chargesheet & Trial
On completion of investigation, a chargesheet is filed and the case is committed to the Court of Session. If the court finds sufficient material, charges are framed and the trial proceeds with prosecution and defence evidence, medical testimony, and cross-examination.
Sentencing or Acquittal
On conviction, the court imposes sentence based on the presence/absence of hurt and the gravity of the intent shown; on acquittal, the accused is discharged of criminal liability under that FIR, though this does not bar other independent proceedings arising from the same incident.
Important / Landmark Cases on Section 307
The following judgments are frequently relied upon by both prosecution and defence lawyers in Section 307 matters. This is general legal information for awareness — always have a lawyer verify how a precedent applies to your specific facts.
State of Maharashtra v. Balram Bama Patil & Ors. (1983) 2 SCC 28
The Supreme Court held that the intensity of the injury actually caused is not the sole decisive factor in determining whether an offence under Section 307 is made out.
Sarju Prasad v. State of Bihar, AIR 1965 SC 843
The Court observed that the mere fact that the injury inflicted by the accused did not damage a vital organ of the victim is not by itself sufficient to take the act outside the scope of Section 307.
Hari Mohan Mandal v. State of Jharkhand (2004) 12 SCC 220
The Supreme Court reaffirmed that it is not essential for a fatal bodily injury to have actually been inflicted for Section 307 to apply, while nonetheless considering the absence of premeditation in moderating the sentence imposed.
State of Madhya Pradesh v. Saleem (2005) 5 SCC 554
The Court held that a conviction under Section 307 does not require that a bodily injury capable of causing death should actually have been inflicted, and that an acquittal cannot follow merely because the injuries were simple in nature.
Shoyeb Raja v. State of Madhya Pradesh, 2024 INSC 731
The Supreme Court reiterated that the minor nature of injuries sustained by a victim is not, on its own, a sufficient reason to decline framing a charge under Section 307, and that intent must be assessed from the totality of facts and circumstances.