Suppose an argument over a shared boundary wall turns physical. And someone uses an iron rod and hits the other person, landing the other person in the hospital with a serious head injury. Later, by evening, the police registered the FIR, and when the family of the accused received the copy of it, they found the offence under Section 307 IPC. Most of the members didn’t know what it meant.
Well, Section 307 of the Indian Penal Code (IPC) deals with attempt to murder, which is now replaced by Section 109 of the Bharatiya Nyaya Sanhita (BNS) in July 2024.
This guide explains what this section says, what the prosecution has to prove, the punishment, how bail works, and what you can do next, whether you are the person accused or the family of the victim. If you are dealing with an FIR right now, you can also speak with an experienced criminal lawyer before taking any step.
What is Section 307 IPC (Attempt to Murder)?
Section 307 of the Indian Penal Code deals with offences of attempt to murder. Means it punishes those who do an act with intention or knowledge, and under such circumstances that cause someone’s death or serious injury.
The offences are cognizable, non-bailable, and non-compoundable. These offences are tried by the session courts, and the punishment can be imprisonment for up to 10 years with fine or lifetime imprisonment.
At a glance
| Point | Details |
|---|---|
| Offence | Attempt to murder |
| Old law | Section 307, Indian Penal Code, 1860 |
| New law | Section 109, Bharatiya Nyaya Sanhita, 2023 |
| Punishment | Up to 10 years and fine; life imprisonment if hurt is caused |
| Cognizable? | Yes, the police can arrest without a warrant |
| Bailable? | No |
| Compoundable? | No |
| Triable by | Court of Session |
Is Section 307 IPC the same as Section 109 BNS?
In July 2024, the Bharatiya Nyaya Sanhita replaced the IPC, and since then the offence of attempt to murder moved from Section 307 to Section 109. Now, Section 109 BNS carries forward the offence termed in Section 307 IPC, including its principal punishment structure.
| Subject | Old law | New law |
|---|---|---|
| Attempt to murder | Section 307 IPC | Section 109 BNS |
| Anticipatory bail | Section 438 CrPC | Section 482 BNSS |
| Quashing by the High Court | Section 482 CrPC | Section 528 BNSS |
| Compounding of offences | Section 320 CrPC | Section 359 BNSS |
What Does the Prosecution Have to Prove Under Section 307 IPC?
This is the most important part of the case; the accused will not be convicted just because the victim has suffered some injuries. For this, the prosecution needs to prove these three things to the court:
- Intention or knowledge: That the accused was well aware of their actions and it was meant to cause death.
- An act towards it: Apart from planning or thinking, the accused has executed his action.
- The murder test: If the action of the accused in the circumstances would have led to death, then it would have amounted to murder.
The court evaluates all these points before giving its decree.
Here are a few examples of offences:
- Firing a bullet at someone from a close distance but missing it is an attempt to murder.
- Leaving a child in a remote place where the child can die is an attempt, even if someone saves the baby.
Similarly, there is a case, Om Prakash v. State of Punjab (1961), where the husband starved his wife for a long period. Here, the court held that Section 307 is not limited to the very last act before death; a person can be guilty if the intention behind their act was to cause death.
Does the Victim Have to Be Seriously Injured for Section 307 to Apply?
No, this is where most people get it wrong. Even the courts have said this before: the injury does not need to be serious enough to cause death.
More recently, in September 2026, the Supreme Court decided Surender Kumar v. State of Haryana (2026 INSC 1006). The dispute was about including Section 307 IPC because of the seriousness of the injuries. Here, the court held that an injury serious enough to cause death is not the requirement of Section 307; it’s the intention or knowledge to cause the death.
That does not mean every minor injury becomes an attempt to murder. Courts look at the whole picture:
| Evidence | What it can indicate |
|---|---|
| Weapon used | Whether the accused had the means to cause a fatal injury |
| Part of the body targeted | A blow to the head, chest or neck may support an inference of intent that a blow to the arm or leg may not |
| Force and number of blows | Repeated, forceful attacks can be circumstantial evidence of intention |
| Words and threats | Direct evidence of the accused’s state of mind |
| Prior enmity or motive | A possible reason for wanting to cause death |
| Medical report | The nature of the injuries and whether they match the version in the FIR |
| Conduct after the incident | Whether the accused fled, helped the victim or carried on attacking |
| CCTV and independent witnesses | Neutral corroboration of what actually happened |
What Does a Criminal Lawyer Check First in a Section 307 FIR?
Here’s what a criminal lawyer checks in a offence under section 307 IPC:
- What is actually alleged: Who did what, which weapon was used, and whether the FIR describes the incident consistently.
- What supports intention: The weapon, the part of the body targeted, the number of blows, what was said and what happened afterwards.
- What the medical evidence says: The nature and location of the injuries, any opinion on danger to life, and whether it matches the FIR.
- Whether the charge may change: Section 307 is sometimes added or dropped after the medical report, so the sections in the FIR may not be the final ones.
What is the Punishment for Section 307 IPC (BNS 109)?
There are the punishments under Section 109 (earlier Section 307 IPC):
| Situation | Punishment |
|---|---|
| Attempt to murder, no hurt caused | Imprisonment up to 10 years and fine |
| Attempt to murder, hurt caused | Imprisonment for life, or the 10-year punishment above, with fine |
| Attempt by a person already serving a life sentence, hurt caused | Death, or imprisonment for life |
Is Section 307 IPC, Bailable?
No, offences under Section 307 IPC are non-bailable. Means bail is not a matter of right, as it would be for minor offences. In this, the court decides whether to grant bail or not based on the facts of the case. Attempt to murder cases are also cognizable, which means the police can register an FIR and arrest without a warrant.
How Can You Get Bail in a Section 307 IPC Case?
Here’s the step-by-step process of applying for bail in a Section 307 case:
Step 1: Select the right court
Because these offenses are non-bailable and tried by the Sessions Courts, bail is usually sought before the Sessions Court or the High Courts. So consult with your lawyer for the right court.
Step 2: Consider anticipatory bail if the arrest has not happened
If an FIR is registered against you and you are afraid of arrest, you can apply for anticipatory bail under section 482 BNSS. Check out our guide on anticipatory bail.
Step 3: Prepare the bail application
Your lawyer will normally bring together the FIR, the medical records, your address and identity proofs, details of any earlier cases, and a surety.
Step 4: Understand what the court weighs
Here’s what the court might consider before giving bail:
- How serious the injuries are and what the medical report says
- The weapon used and the accused’s specific role
- Any criminal history
- The risk of fleeing, or of influencing witnesses or tampering with evidence
- How long the accused has been in custody and how far the investigation has moved
Step 5: Keep default bail in mind
If the police do not file the chargesheet within the legal time after arrest, the accused may be entitled to default bail under Section 187 BNSS.
What Happens After a Section 307 FIR is Registered?
Here’s the process of how a criminal case progresses under Section 307 IPC after the FIR is registered:
- FIR: The FIR is registered by the police, as the offence is cognizable.
- Medical examination: The injured person is examined, and the medical report plays an important role in evidence.
- Investigation and arrest: The police begin their investigation, collect statements, recover weapons, and may arrest the accused.
- Chargesheet: Once the investigation is completed, the police file a chargesheet before the Magistrate.
- Committal to Sessions Court: And because the trials are proceeded by the Court of Session, the Magistrate sends the case there.
- Framing of charge and trial: Once the court proceedings begin, the prosecution leads evidence to prove the intention behind the action of the accused, and the defence cross-examines the witnesses.
- Judgment and appeal: Based on the evidence and defence from both parties, the court gives its judgment; either side can challenge the outcome before a higher court.
There is no fixed process; it depends on the FIR filed, investigation, and the court’s proceedings on how the case moves.
Can a Section 307 IPC Case Be Quashed or Settled?
Since offences under Section 307 IPC are non-compoundable, the parties cannot simply compromise and close the case on their own. But they can approach the High Court under Section 528 BNSS to quash the proceedings. If the High Court finds it appropriate, it can use its inherent power to quash a case.
The Supreme Court has set out the approach in cases such as Gian Singh v. State of Punjab (2012), Narinder Singh v. State of Punjab (2014) and Parbatbhai Aahir v. State of Gujarat (2017). These cases are about settlement between the victim and defendant, but settlement doesn’t automatically quash a case. The High Court looks at the seriousness of the offence, the injuries caused, and whether the settlement is genuine with free consent. For a wider explanation, see our guide on quashing of FIR under BNSS.
Conclusion
Section 307 IPC, now Section 109 BNSS, is one of the most serious charges in Indian criminal law. But the charge does not mean conviction; the prosecution needs to prove the intention, knowledge, and the action taken to cause death; only injuries are not enough to find the accused guilty.
At Kamal & Co. Advocates, our legal team can review your case and help you understand the legal options available. If you’re a victim, we can assist you with FIR registration, identifying and reviewing evidence, and court representation. And if you’re accused, we can help you with bail and defence before the court.
