SC on Punishment for Attempted Murders

• 23 Jul 2024

On July 22nd, 2024, the Supreme Court (SC) held that a person convicted of an attempted murder cannot be sentenced to rigorous imprisonment exceeding 10 years unless the punishment is imprisonment for life.

Key Points

• SC bench mandated the adherence to the prescribed maximum sentence for attempted murder cases under the first part of Section 307, IPC.
• The first part of Section 307, IPC, prescribes a maximum sentence of ten years imprisonment while the second part entails life term if such acts cause injuries to the victim.
• if the convict under the second part of Section 307, IPC, is not sentenced to life imprisonment, the only other permissible punishment is as prescribed under the first part — a term which may extend up to 10 years and a fine.
• The attempt to commit murder has been retained as an offence with identical provisions under Section 109 of the Bharatiya Nyaya Sanhita (BNS), which came into effect from 1^st July 2024.

Sec 307 of IPC

Section 307, IPC, deals with the punishment for attempted murder and is divided into two parts.

• The first part pertains to attempts to commit murder, punishable with imprisonment up to ten years and a fine.
• The second part addresses situations where the victim suffers hurt, making the convict liable to imprisonment for life or to such punishment as mentioned in the first part.