The Supreme Court ruled that the maximum sentence for an attempt to murder under Section 307 IPC, if life is not lost, is limited to 10 years. The judgment came while hearing an appeal by a man accused of persistently harassing his wife and children. The Court emphasized that sentencing must align with legal provisions and proportionality.
New Delhi: The Supreme Court set-aside a 12-year rigorous imprisonment sentence for attempted murder under Section 307 of the Indian Penal Code (IPC), clarifying that the maximum sentence, if life imprisonment is not imposed, can only be 10 years.
The Court was reviewing an appeal from a man accused of persistently harassing his wife and children.
Justices B.R. Gavai and K. Vinod Chandran stated,
“Section 307 with the nominal heading ‘attempt to murder’ provides for a punishment of either imprisonment for life or imprisonment for a term that may extend to 10 years and fine. The threshold term of imprisonment, if life is avoided, can only be 10 years and not more.”
Represented by AOR M.P. Parthiban, the appellant had faced charges of continuous harassment after losing his job abroad. His wife eventually moved in with her mother, leading to an attack by the appellant using a billhook. He was charged under Sections 498A, 294(b), 307, and 506(II) of the IPC.
The Trial Court initially sentenced him to life imprisonment, but the High Court later reduced the sentence to 12 years.
The Bench noted the premeditated nature of the attack and the injuries sustained by both the mother-in-law and the wife. They emphasized that, as stated in the judgment of Amit Rana @ Koka Vs. State of Haryana (2024), the punishment cannot exceed the maximum prescribed under Section 307 if life imprisonment is not imposed.
Consequently, the Court stated,
“On the above reasoning, the sentence of 12 years R.I. granted by the Appellate Court cannot be sustained; since the maximum sentence under Section 307, IPC, if life is avoided, can only be a maximum of 10 years.”
Taking into account the circumstances and the relationship between the parties, the Bench concluded that a sentence of 7 years R.I. would be appropriate under Section 307, IPC, while upholding the convictions under the other charges.
Section 307 of the Indian Penal Code (IPC) deals with the offense of attempt to murder.
It states,
“Whoever does any act with such intention or knowledge, and under such circumstances, that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is provided above.”
Punishment Under Section 307 IPC
- Basic Punishment – Imprisonment up to 10 years and fine.
- If Hurt is Caused – Life imprisonment, or up to 10 years, along with fine.
- If Attempt is on a Public Servant (e.g., a police officer on duty) – Life imprisonment.
The Court clarified that if the sentencing court does not deem it appropriate to impose life imprisonment under the second part, the maximum sentence permissible is 10 years, as specified in the first part. This ensures adherence to the principle that the punishment must fit the crime, maintaining proportionality in sentencing.
These judgments set clear rules for punishment in attempt to murder cases, ensuring that the sentence follows the law and is fair according to the crime.
Case Title: Ganesan v. The State of Tamil Nadu, Rep. By Inspector of Police (Neutral Citation: 2025 INSC 158)