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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 with 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. Ahas 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. Ahas 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 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. A places 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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