Legal Advice

What actions should you take against an attempt to murder?

Question: My neighbour has attempted to murder in a land dispute. He along with others came to my house with firearms and started shouting, abusing and hitting my gate. When I came out to stop them from doing such a violence, they broke out and beat me with a club and sharp edge gandasa. I suffered some minor injuries on my arm, back and thigh. One injury on my head is severe. That is life threatening so I want to take proper legal action against them. Please suggest what actions I should take against them for an attempt to murder?

Advise

In such a situation you should immediately lodge an FIR against those persons. It is prudent to pursue appropriate legal action against those responsible for the offence of attempt to murder. This particular offence falls under the purview of Section 307 of the Indian Penal Code.

To establish a case of attempted murder, it is imperative to demonstrate that the accused had a clear intention or knowledge of causing fatal harm, resulting in injuries that could potentially lead to death.

You should lodge a first information report (FIR) against those persons under Section 307/323/325/504/506 IPC. For the offence of attempt to murder your medical examination is mandatory before lodging the FIR. 

To establish a case under section 307 IPC, certain ingredients or elements must be present and proven in court. These ingredients typically include:

Intention to Kill 

The accused must have had a clear and unequivocal intention to cause the death of the victim. This intention to kill is a crucial element of the offence.

Act of Violence

There must be a direct act of violence committed by the accused. It could be through the use of a weapon or any other means that could potentially result in the death of the victim. 

Proximity to Murder

The act committed by the accused must be in such proximity to causing death that if it had been successful, it would have resulted in the victim’s death. 

Motive to cause death

While motive is not a primary element, it can be considered as corroborative evidence. It can help establish the accused’s intent and motive behind the attempt to murder. 

Causation of Injury

The accused must have caused an injury to the victim as a result of their actions. This injury should be more than trivial and must have the potential to result in death. 

Knowledge of Likely Consequences

The accused should have known or been aware that their actions were likely to cause the death of the victim.

Injuries not sufficient to cause death

If the injuries you sustained are not severe enough to potentially result in death, or if they are of a general nature that typically wouldn’t lead to a fatal outcome, then such injuries would not amount to the offense of attempted murder.

Shivendra Pratap Singh

Advocate

High Court Lucknow