Section 307 IPC: Attempt to murder

Indian Penal Code, 1860

Section 307 IPC at a Glance

Section 307 IPC deals with attempt to murder. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 109 BNS.

Punishment

Imprisonment of either description for up to ten years; if hurt is caused, imprisonment for life, or imprisonment of either description for up to ten years; for a life-convict causing hurt, death.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
BNS Equivalent

Section 109 →

Section 307 IPC Bare Act Text

307. Attempt to murder

Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.

Attempts by life-convicts.—When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.

Illustrations

(a) A shoots at Z 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.

(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensue.

(c) A, intending to murder Z, buys a gun and loads it. A has 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 the first paragraph of this section.

(d) A, intending to murder Z 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.

Source: Section 307, Indian Penal Code, 1860

Section 307 IPC in Simple Words

Section 307 of the Indian Penal Code (IPC) punishes attempt to murder. Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, is punished with imprisonment of either description for a term which may extend to ten years, and is also liable to fine.

If hurt is caused to any person by such act, the offender is liable either to imprisonment for life, or to such punishment as is before mentioned. When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.

The offence is cognizable and non-bailable, and it is triable by the Court of Session.

Ingredients of Section 307 IPC

  • The accused did an act towards another person
  • The act was done with such intention or knowledge, and under such circumstances that, if death was caused, the accused would be guilty of murder
  • Death did not ensue from the act
  • Where hurt is caused to any person by such act, the higher punishment applies

Punishment Under Section 307 IPC

Imprisonment

Imprisonment of either description for up to ten years; if hurt is caused, imprisonment for life, or imprisonment of either description for up to ten years; for a life-convict causing hurt, death.

Fine

The offender is also liable to fine in addition to imprisonment in both the base tier and the hurt tier.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Attempt to murder carries imprisonment of either description for up to ten years, and the offender is also liable to fine. Where hurt is caused, the penalty may be imprisonment for life, or the same punishment as the base tier. A life-convict who causes hurt may be punished with death. It is cognizable and non-bailable, triable by the Court of Session.

Example of Section 307 IPC

In 2022, in Madurai, Karthik decided to kill his former employer Senthil after being dismissed from his accounting job. Karthik mixed a lethal quantity of arsenic into a jug of buttermilk and served it to Senthil, intending to cause his death. Senthil drank the buttermilk and suffered severe bodily hurt, but doctors treated him in time and saved his life. Had death ensued, Karthik would have been guilty of murder. Karthik is punishable under Section 307 IPC.

When Section 307 IPC Does Not Apply

  • Section 307 IPC does not apply when the accused acted without the intention or knowledge that would render the killing murder under Section 300 IPC had death ensued.
  • Section 307 IPC does not apply if the accused stopped at mere preparation and did not perform an overt act towards the commission of murder.
  • Section 307 IPC does not apply where the victim dies from the act, as the completed offence is punishable as murder under Section 302 IPC.
  • Section 307 IPC does not apply when the act, had it resulted in death, would have fallen under an Exception to Section 300 IPC and constituted only culpable homicide not amounting to murder.

Section 307 IPC in the BNS

Section 307 IPC is now covered under Section 109 BNS.

Section 307 IPC corresponds to Section 109 BNS. Section 109(1) BNS reproduces the base offence and the hurt tier of Section 307 IPC with the same punishments. The paragraph on life-convicts becomes Section 109(2) BNS, which provides that where hurt is caused by a life-convict, the punishment may be death or imprisonment for life for the remainder of the natural life of that person, whereas Section 307 IPC provided for death only. The four statutory illustrations are retained in Section 109 BNS.

View detailed comparison (IPC 307 vs BNS 109) →

FAQs on Section 307 IPC

What does Section 307 IPC provide?▼

It punishes doing any act with such intention or knowledge, and under such circumstances that, if death had been caused, the offender would be guilty of murder.

What is the punishment for attempt to murder under Section 307 IPC?▼

Imprisonment of either description for a term which may extend to ten years, and liability to fine.

What punishment applies under Section 307 IPC if hurt is caused?▼

The offender is liable either to imprisonment for life, or to imprisonment of either description for up to ten years and liability to fine.

What punishment does Section 307 IPC prescribe for life-convicts who cause hurt?▼

A person offending under Section 307 IPC who is under sentence of imprisonment for life may, if hurt is caused, be punished with death.

How does Section 109(2) BNS change the sentence for life-convicts?▼

Section 109(2) BNS permits the court to award death or imprisonment for life for the remainder of the natural life of that person, whereas Section 307 IPC provided for death only.

Is an offence under Section 307 IPC cognizable and bailable?▼

It is cognizable and non-bailable under the First Schedule to the Code of Criminal Procedure.

Which court tries an offence under Section 307 IPC?▼

The Court of Session.

Can an offence under Section 307 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 307 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 109 BNS.

Have questions about Section 307 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·