Attempt to murder

All Acts ⚖️BNS 📋CPC 🛡️CrPC 🏛️COI 💍HMA 🧾ITA ⚖️IPC

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This provision is now BNS Section 109 (Attempt to murder) under the Bharatiya Nyaya Sanhita, effective from 1 July 2024. FIRs registered after that date cite the new section number.

What does this section state?

Section 307 punishes an act done with the intention or knowledge that, had death actually resulted, the offender would have been guilty of murder. Crucially, the offence is complete whether or not any injury is actually caused — a person who fires a gun and misses entirely can still be convicted under this section if the intent to kill is proven.

Courts look closely at factors like the weapon used, the part of the body targeted, and the nature of the injury (if any) to infer intention. A single stab wound to a non-vital area, for instance, may be treated differently from repeated blows aimed at the head or chest.

When hurt is actually caused to the victim, the punishment escalates to imprisonment for life, reflecting how close the act came to an actual murder. This section is frequently charged alongside offences like criminal intimidation or use of a deadly weapon.

Punishment Imprisonment up to 10 years and fine; imprisonment for life if hurt is caused to any person

Triable By Court of Session

Bailable Non Bailable

Cognizable Cognizable

Compoundable Non Compoundable

Frequently Asked Questions

Is IPC Section 307 bailable?

This is a non bailable offence. Bail is not a matter of right and must be argued before a Magistrate or Sessions Court, typically with the help of a criminal lawyer.

What is the punishment under this section?

Imprisonment up to 10 years and fine; imprisonment for life if hurt is caused to any person. Courts have discretion based on the facts of each case, and the actual outcome can vary.

Can a case under this section be compounded (settled)?

No — this is a non-compoundable offence. The complainant cannot withdraw the case by private settlement; prosecution continues regardless of any compromise.

What is the key difference between Section 307 and Section 302?

Section 302 applies once death actually occurs. Section 307 applies where the intention or knowledge required for murder existed, but the victim survived — the ingredients of intent are largely the same, only the outcome differs.

Does the victim need to have suffered any injury for this section to apply?

No. The offence is complete once the required intention or knowledge is proven, even if the attempt fails completely and no injury results — for example, a shot that misses.

What factors do courts weigh to decide if there was intent to kill?

Courts typically consider the weapon used, which part of the body was targeted, the force used, and the surrounding circumstances of the incident to infer whether the accused intended death or merely to cause injury.

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This page is for general information only and is not a substitute for advice from a qualified advocate. Always verify against the current official bare act.