Attempt To Murder
According to Section 307 of the Indian Penal Code, whoever does any act with the intention or knowledge that if it results in death, they would be guilty of murder shall be punished with imprisonment for up to 10 years and shall also be liable to a fine.
If the act causes hurt to any person, the offender shall be liable to imprisonment for life or punishment as mentioned above. For life convicts, if hurt is caused, they will be punished with death.
Essential ingredients for an attempt to murder under Section 307 are an act of such a nature that, if not prevented or intercepted, it would lead to the death of the person, a guilty mind or evil intent visible with a physical act, preparation for a crime, attempt to commit a crime and completion of the crime. Punishment for an attempt to murder under Section 307 of the IPC may range from 10 years to life imprisonment, depending on the extent and if the offender is a life convict. If the hurt is caused, the offender may also be liable for a fine.
In a criminal trial for an attempt to murder case, the trial procedure involves the filing of an FIR, investigation by the police, charge sheet before the magistrate, arguments before the court and framing of charges, a plea of guilty, evidence by the prosecution, cross-examination of witnesses by the accused and prosecution, evidence by the accused in defence if any, the conclusion of the evidence, oral/final arguments and judgement by the court. If the conviction is made, there will be a hearing to decide the quantum of the sentence, and the accused may file an appeal to higher courts.
The rights that are guaranteed by the Constitution of India and even the Code of Criminal Procedure has been stated below:
- Right to be informed of grounds of arrest which has been made.
- Right to inform the relatives/ friends
- It is also the duty of the police officer to inform the person arrested of his/her rights.
- Right to be informed of right to bail
- Right to be produced before a magistrate without delay
- Right to consult a legal petitioner
- Manhandling and Handcuffing is considered illegal at time of the arrest
- In case of a woman offender only a female police officer can search another female. The search should be carried out in a decent manner. A male police officer cannot search a female offender. He can, however, search a woman’s house.
- Right to be examined by a medical practitioner.
- Right to legal aid and fair trial
- Right to remain silent
- Right against Handcuffing and Torture.
- If your personal items are kept by the police, you have a right to receive a receipt for the same so that you can take them later when you are released on bail.
An attempt to murder is a serious criminal offence that can have significant consequences for both the accused and the victim. If you’re facing charges of attempted murder, you must work with an experienced and knowledgeable attorney who can help you navigate the legal system and defend your rights.
At our law firm, we deeply understand the complexities of attempted murder law and the steps necessary to build a strong defence against these charges. We work closely with our clients to understand their situation, gather evidence, and create compelling cases to defend against attempted murder charges.
If you’re facing attempted murder charges or have been a victim of attempted murder, we encourage you to contact us today to schedule a consultation. Our experienced attorneys are here to help you understand your legal rights and options and provide effective legal representation to achieve the best possible outcome. Don’t wait – let us help you today.