By Gloria James-Civetta

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When is a Person Punished Under s307(1) – Attempt to Murder

2 min read
  1. Whoever does any act with such;
    • intention
    • or knowledge
  2. and under such circumstances that if he, by the act that he was about to commit;
  3. would cause death as a result of which he would be guilty of murder;
  4. shall be punished with imprisonment for a term which may;
    • extend to 15 years
    • and shall also be liable to a fine
  5. and if hurt is caused to any person by such act carried out by the offender, he shall be liable;
    • either to imprisonment for life
    • or to imprisonment for a term which may extend to 20 years
    • AND shall also be liable to caning
    • or a fine
    • or both caning and a fine

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Examples

  • A shoots at Z with the intention to kill him, under such circumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this section.
  • A, with intention of causing the death of a child of tender years, throws the child into a river. A has committed the offence defined by this section, although the death of the child does not ensue.
  • A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section; and if by such firing he wounds Z, he is liable to the punishment provided by the latter part of this section.
  • A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. Aplaces the food on Z’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this section.

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