Section 307 IPC (Attempt to Murder): Punishment, Bail and BNS Section (2026)

Legal Section Explainer · Criminal Law

Updated for 2026 · Claw Editorial

A person is charged under Section 307 IPC after a violent incident in which the victim survived, and the first questions are always the same: how serious is this, is it bailable, and what will the court look for? Section 307 IPC is the offence of attempt to murder: doing an act with the intention or knowledge that it could cause death, in circumstances where death would amount to murder, even though nobody dies. This page explains the section, its ingredients, punishment, bail and quashing, and the BNS 2023 equivalent. Last verified: October 2026.

01What Section 307 IPC says

Section 307 IPC makes it an offence to do any act with such intention or knowledge, and in such circumstances, that if death had been caused the person would be guilty of murder. The offence is complete even if the victim lives. This is why it is called attempt to murder.

The section has two parts. The first part covers the basic offence. The second part increases the punishment if hurt is actually caused to someone. There is also a rule for a person who is already serving a life sentence.

Section 307 IPC punishes the attempt, not the result: no death is needed, but the intention or knowledge to kill must be proved.

Many first-time readers assume the section needs a serious injury. It does not. The focus is on the intention or knowledge behind the act, not on how bad the injury turned out to be. A court looks at the act, the weapon, the part of the body targeted, and the surrounding facts to decide what the accused meant to do.

02Key ingredients the prosecution must prove

To secure a conviction, the prosecution must prove two core things beyond reasonable doubt.

• An act: the accused did something towards causing death, such as a stab, a gunshot, or a blow with a heavy object.
• Intention or knowledge: the accused meant to kill, or knew the act was likely to cause death, in circumstances where death would have been murder.

Is a serious injury necessary?

No. Courts have repeatedly said that the injury caused need not be sufficient to cause death. What matters is the intention and the act. At the same time, a minor scratch alone, with nothing else, may not prove an intention to kill. Courts therefore read the medical evidence together with the weapon used, the force applied, and the place of injury.

What courts look at

• The type of weapon and how it was used.
• Whether vital parts of the body were targeted.
• The motive and any earlier threats.
• The medical report and the nature of the injuries.
• Whether the attack stopped on its own or was stopped by others.

Supreme Court decisions on this point, such as State of Maharashtra v. Balram Bama Patil, are widely cited for the idea that the injury need not be fatal in nature.

03Is Section 307 cognizable, bailable, and triable by which court?

Section 307 IPC is a serious offence, and its classification reflects that.

Because it is non-bailable, the accused cannot claim bail as of right. Because it is triable by the Court of Session, the case is committed to Sessions by a Magistrate after the police file their report.

04Punishment under Section 307 IPC

The punishment depends on whether anyone was hurt.

• No hurt caused: imprisonment of up to 10 years, and a fine.
• Hurt caused to any person: imprisonment for life, or the lesser punishment of up to 10 years, along with a fine.
• Offender already serving a life sentence: if hurt is caused, the law allows punishment up to death.

The words of the section allow the court to choose. In practice, the sentence depends on the weapon, the injuries, the motive, and the role of each accused. Courts also consider whether the accused acted alone or as part of a group.

05How bail, defence and quashing work

Bail

Since the offence is non-bailable, the accused applies for regular bail before the Sessions Court or the High Court. Courts weigh the seriousness of the injuries, the role attributed to the accused, any criminal history, the risk of tampering with witnesses, and the stage of trial. Anticipatory bail can also be sought before arrest, but courts are often cautious in cases with grave injuries.

Common defences

• No intention to kill: the injuries were simple, on non-vital parts, and the act points to hurt, not murder. This may lead to a conviction for a lesser offence instead.
• False implication: the accused was named because of an old dispute, and the account of the incident has gaps.
• Weak medical or recovery evidence: the injury report does not match the version given, or the weapon recovery is doubtful.
• Private defence: the accused acted to protect self or property within legal limits.

Settlement and quashing

Because the offence is non-compoundable, parties cannot compound it directly. They sometimes approach the High Court to quash the FIR on the basis of a settlement. The Supreme Court has laid down general principles on quashing non-compoundable offences, but has also said that serious offences like attempt to murder are treated with great care. The court looks at the nature of the injuries, the weapon, whether the offence affects society, and whether the settlement is genuine. There is no automatic rule that a settlement will lead to quashing.

06BNS 2023 and BNSS 2023 equivalent

Under the Bharatiya Nyaya Sanhita, 2023, attempt to murder is covered by Section 109. The substance follows Section 307 IPC: up to 10 years and a fine, and life imprisonment if hurt is caused. Sub-section (2) deals with a person already under a life sentence.

Please note that section numbers have changed under the new codes and the number may differ from what you expect. The BNS applies to offences committed on or after 1 July 2024. Offences committed before that date continue to be tried under the IPC. For the full mapping, see our IPC to BNS section mapping.

Related sections often appear in the same FIR. If the matter involves a suicide, see Section 306 IPC on abetment of suicide. For document-related offences, see Sections 467, 468 and 471 IPC on forgery.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

For a Section 307 matter, the practical work is finding Supreme Court and High Court rulings on intention, injury, bail and quashing, and then keeping track of the case through hearings. Claw covers 9,102 forums and holds 30 crore+ judgments, with results in under 5 seconds. You can also follow related matters through our guide to Supreme Court case tracking software.

Create a FREE Claw account to search 30 crore+ judgments on this section and track related cases by party name. Claw has a free plan for individual advocates.

08Sources and further reading

• India Code (bare acts): indiacode.nic.in
• Supreme Court of India: sci.gov.in
• Claw: clawlaw.in

This page is general information, not legal advice. Always check the current bare act and recent judgments before relying on any point.

09Frequently asked questions