Attempt to Murder under Section 307, IPC
Section 307 IPC is about attempt to murder and in the section a lot of weightage has been given to the intention and the knowledge of the accused and the preparation that he takes before committing the crime.
The attempt to murder under section 307 IPC is a very interesting section, in the sense that it has lots of similarities with section 324 IPC, which deals with voluntarily causing hurt using dangerous weapons. Sometimes it is seen that it is very difficult to differentiate between the cases under section 307 and cases under 324,325,326 because all these offences have some common ingredients among themselves. The offence of attempt to murder is a very serious offence because it is not very different from the offence of murder itself. The only difference between the two offences is the death of the victim which is not present under section 307.
๐The main ingredients under section 307 are
▪The act attempted should be of such a nature that if not prevented or intercepted, it would lead to the death of the victim.
▪The intention or mens rea to kill is need to be proved clearly without doubt, for this purpose the prosecution can make use of the circumstances like attack by dangerous weapons on vital parts of the body however the intention to kill cannot be gauged simply by the seriousness of the injury caused.
▪The intention and the knowledge of the result of the act being done is the main thing that is needed to be proved for conviction under section 307.
Section 307 IPC is about attempt to murder and in the section a lot of weightage has been given to the intention and the knowledge of the accused and the preparation that he takes before committing the crime.
The attempt to murder under section 307 IPC is a very interesting section, in the sense that it has lots of similarities with section 324 IPC, which deals with voluntarily causing hurt using dangerous weapons. Sometimes it is seen that it is very difficult to differentiate between the cases under section 307 and cases under 324,325,326 because all these offences have some common ingredients among themselves. The offence of attempt to murder is a very serious offence because it is not very different from the offence of murder itself. The only difference between the two offences is the death of the victim which is not present under section 307.
๐The main ingredients under section 307 are
▪The act attempted should be of such a nature that if not prevented or intercepted, it would lead to the death of the victim.
▪The intention or mens rea to kill is need to be proved clearly without doubt, for this purpose the prosecution can make use of the circumstances like attack by dangerous weapons on vital parts of the body however the intention to kill cannot be gauged simply by the seriousness of the injury caused.
▪The intention and the knowledge of the result of the act being done is the main thing that is needed to be proved for conviction under section 307.
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