The Indian Supreme Court on Monday, July 22, ruled that an individual convicted of attempted murder cannot be sentenced to imprisonment for over ten years unless the punishment claims imprisonment for life. The judgment comes as a clarification of a crucial point under section 307 of the Indian Penal Code.
Maximum 10-Year Sentence For Attempted Murder
A bench comprising justices C T Ravikumar and Rajesh Bindal clarified the legislature’s intention and claimed that in cases of attempted murder, imprisonment of 10 years, imprisonment for life, and the death penalty are the only alternatives. The first section of section 307 of the Indian Penal Code or the IPC mentions the maximum sentence of ten years along with a fine for attempted murder, and the second half mentions imprisonment for life if the victim has suffered any physical injuries due to the act.
Similar Provision Under Section 109 Of The BNS
This recent judgment and interpretation of section 307 of the IPC has strictly set the courts to not mandate the punishment of imprisonment above the set limit of ten years. Similar provisions have been mentioned in section 109 of the Bharatiya Nyaya Sanhita (BNS), the new criminal law which came into effect on July 1.
Two Divisions Under 307 Of IPC
Section 307 of the Indian Penal Code deals with the punishment concerning attempted murder and comprises two divisions or parts. The first part mentions the punishment of imprisonment for ten years, and the second part is referenced in case of physical injury caused to the victim in the attempt, which implies a sentence of imprisonment for life. This suggests that if the victim does not suffer any physical harm from the murder attempt, then a punishment of ten years imprisonment would be given to the accused.
Clarification Comes Afer Appeal By Two Convicted For 14 Years In Jail
The clarification of the legal provisions was followed by an appeal made by appellants Amit Rana and another person who were convicted of a sentence of 14 years in jail for attempted murder. Haryana’s additional advocate Neeraj, along with advocate Piyush Beriwal argued that upon scrutinizing the degree of physical injuries from the attempted murder, a sentence of 14 years in jail seemed justified. However, the court disagreed with the imposition of 14 years of imprisonment and clarified the provisions under section 307 of the IPC, calling for a maximum sentence of ten years in jail.