307 OF IPC ? 

Section 307 of the Indian Penal Code (IPC) deals with "attempt to murder." According to this section, whoever does any act with the intention of causing death, or with the knowledge that he is likely to cause death, shall be punished with imprisonment for life or for a term not less than 10 years, and shall also be liable to fine, if hurt is caused to any person in the committing of such act. 

The key elements of the offense of attempted murder under Section 307 IPC are the intention to kill, an act in furtherance of that intention and the proximity of the act to causing death.

It is important to note that under Section 307, the prosecution must prove that the accused had the intention to kill the victim. A mere knowledge that the act would cause death is not enough to establish the offense of attempted murder.

It's also different from section 308 of IPC which deals with the offence of "attempt to commit culpable homicide" which is punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

What is the Punishment under section 307 of IPC ?

The punishment for the offence is imprisonment for life or for a term not less than 10 years, and shall also be liable to fine, if hurt is caused to any person in the committing of such act. The offence under Section 307 of IPC is cognizable, Non Bailable & Non Compoundable offence. 

Possibility of bail under section 307 of IPC ?

Getting bail in a case under Section 307 of the Indian Penal Code (IPC) can be challenging, as it is considered a serious offense. However, it is not impossible to secure bail in such cases.

Here are some ways in which a person can apply for bail in a case of attempted murder:

Hire a good lawyer: An experienced criminal defense lawyer will be able to present a strong case for bail, highlighting the facts that support the accused's innocence and the weaknesses in the prosecution's case.

Show that the accused is not a flight risk: The accused can submit evidence that shows that they have strong ties to the community, such as a stable job, family in the area, and own property. This can help convince the court that the accused is unlikely to flee if released on bail.

Show that the accused is not a danger to the public: The accused can present evidence that they are not a danger to the public and that they will not commit any further crimes if released on bail.

Appeal for bail: If the bail is denied by the lower court, the accused can appeal for bail in the higher court.

Submit a personal bond: In some cases, the court may grant bail if the accused is willing to submit a personal bond, which is a promise to return to court for all scheduled hearings.

Show that the prosecution's evidence is weak: If the prosecution's evidence is weak or circumstantial, the accused can argue that there is not enough evidence to justify detention and that they should be granted bail.

It's important to note that, the final decision on bail is up to the discretion of the court and it also depends on the specific facts and circumstances of the case.

Explanation of 307 IPC with example 

An example of an offense under Section 307 of the Indian Penal Code (IPC) would be if a person intentionally shoots at another person with the intent to kill them. Even if the victim survives the shooting, the perpetrator can be charged with attempted murder under Section 307 IPC, as they had the intention to kill the victim and took an act in furtherance of that intention.

Another example could be if a person tries to poison someone with the intent to kill them, but the victim survives due to timely medical intervention. In this case, the perpetrator can be charged under Section 307 IPC for attempting to murder the victim.

It's important to note that in both examples, the prosecution must be able to prove that the accused had the intention to kill the victim, and that the act was committed in furtherance of that intention.

Best judgement in section 307 of IPC 

There have been many judgements in cases related to Section 307 of the Indian Penal Code (IPC) by Indian courts. Some of the notable judgements are:

In the case of State of U.P v. Rameshwar, the apex court held that Section 307 of the Indian Penal Code (IPC) is a serious offence, as it involves an attempt to take human life. The court emphasized that the punishment for attempted murder should be deterrent and commensurate with the gravity of the offence.

In the case of K.N. Govindan v. State of Kerala, the apex court held that an accused person's conviction under Section 307 IPC cannot be sustained on the basis of the testimony of a single eye-witness, unless it is corroborated by other evidence.

In the case of Rajesh v. State of Haryana, the apex court held that the accused person can be convicted under Section 307 IPC, even if the victim survives the attack, as long as there was an intention to kill and an act in furtherance of that intention.

In the case of Kamta Prasad v. State of U.P, the apex court held that an accused person can be convicted under Section 307 IPC, even if the weapon used in the attack is not recovered, as long as there is other evidence to prove the accused's intent to kill.

It's important to note that, these judgements are based on specific facts and circumstances of the case, and the final judgement of any case depend on the facts, evidence and the interpretation of the court.

How it is differ from 302 IPC ? 

Section 302 of the Indian Penal Code (IPC) deals with "punishment for murder" while Section 307 of the Indian Penal Code (IPC) deals with "attempt to murder."

The main difference between the two sections is the outcome of the act. Section 302 IPC applies when the act results in death, while Section 307 IPC applies when the act is an attempt to cause death but does not result in death.

Another important difference is the punishment. Section 302 IPC provides for a punishment of life imprisonment or death penalty, while Section 307 IPC provides for a punishment of life imprisonment or imprisonment for a term not less than 10 years and also with fine if hurt is caused.

In Section 302, the prosecution must prove that the accused had the intention to kill the victim and the act was committed in furtherance of that intention and caused death.

In Section 307, the prosecution must prove that the accused had the intention to kill the victim, and that the act was committed in furtherance of that intention, and it caused hurt but not death.

It's important to note that, the decision of whether to charge an accused person with murder or attempted murder will depend on the specific facts and circumstances of the case and the outcome of the act.