Serious Offences • Intention, Injury & Bail
Attempt to Murder, Clearly Explained
IPC Section 307 • BNS Section 109
A focused overview of intention, weapons, medical evidence, bail, absence or severity of injury, complaints, settlement and witness safety.
Search results update as you type • 11 questions available
Questions 1–11
Attempt to murder: what you need to know
1Section 307 has been imposed on me, what does this mean?
This means you are accused of committing an act with intent to commit murder, even if the act did not cause death. This is a serious crime.
2What is the punishment for section 307?
If injury occurs, the punishment can be up to 10 years or life imprisonment.
3Is bail easily available in this case?
No, it is a non-bailable offence. Grant of bail depends on the nature of injury, weapon, and intention. If the injury is serious then it is difficult to get bail.
4My intention was not to kill, there was only a fight.
This will be your main defense. You have to prove that you did not have the intention or knowledge to commit murder. The place of injury (vital part) and the type of weapon play an important role in this.
5What is the role of Medical Report (MLC)?
Medical report is very important. It tells the severity and type of injury. You can challenge the medical report or cross-examine the doctor.
6Is injury necessary in 307?
Section 307 may apply even if there is no injury, if there is a clear intention to kill. But not getting injured is a useful point in bail and defense.
7The injury is not very serious, can it still be 307?
Yes, for Section 307 the “intention” is more important than the seriousness of the injury. If someone fires a shot with the intention of killing and it does not hit, it is still a case of Section 307.
8Police is not imposing Section 307, what to do?
You can meet senior police officers or file an application in the court under 156(3) CrPC and request to get the correct section imposed.
9How do we prove that the intention was to kill?
Intent can be proven by the words used by the accused, the type of weapon (knife, pistol), what part of the body was attacked (head, chest), and the brutality of the attack.
10Can a compromise be reached with the accused?
The offence is non-compoundable. A settlement does not automatically end the prosecution. In exceptional cases the High Court may consider quashing after examining the nature of the attack, injuries, weapon, public interest and whether the settlement is genuine; serious or brutal allegations are not routinely quashed merely because parties settle.
11The accused is threatening after coming out on bail.
Immediately complain to the police and file a petition for cancellation of bail in the court.
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