Indian Kanoon - IPC Section 307 attempt to murder - आईपीसी धारा 307 - LawRato
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Загружено: 2017-07-10
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Section 307 lays down the punishment for the offence of attempt to murder.
As per the section, if a person does any act with such intention or knowledge that, if the act were to be done sucessfully, he would cause death and would be guilty of murder, such a person can be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine, if the Court deems fit.
Further, in the doing of such act, if hurt is caused to any person, the offender shall be liable either to imprisonment for life, or to such punishment as has been mentioned before.
Lastly, when an act as laid down under the section is done by a person serving a sentence of imprisonment for life, the person may, if hurt is caused by the act, be punished with death.
A person shoots at another with an intention to kill him. Now under such circumstances if the act were to be done successfully and death ensued, the person would be guilty of the offence of murder.
However, if the person were not able to execute the act successfully, he would be liable to punishment under this section and can be punished with imprisonment for a period of ten years and a fine, if the Court deems fit.
The offence is a cognizable offence and hence, the police can initiate a case and even make an arrest without obtaining a warrant from the Magistrate.
The offence is also non-bailable which means that bail cannot be sought as a matter of right in a case instituted under the section and certain factors will be taken into consideration by the Court before and if bail is granted.
The offence is non-compoundable which means that an out of court settlement is not an option and the Court will inevitably be involved, even if the matter is to be quashed.
It is of extreme importance to take the help of a lawyer at the earliest if a case is instituted under this section. Only professionals like lawyers can help in dealing with matters like these effectively and this cannot be done by a layman.
The lawyer will be able to help with the greater degree of police interaction as well as with handling the aspects considered by the court before giving bail in a non-bailable offence.
IPC 307 in English: https://lawrato.com/indian-kanoon/ipc...
IPC 307 in Hindi: https://hindi.lawrato.com/इंडियन-कानू...
Advocate Jaspreet Singh Rai can be consulted for further information at http://lawrato.com/advocate-jaspreet-rai
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