CALL NOW +91 – 8800110989 Attempted murder, which is an unlawful attempt to kill a person, is a serious menace to the lives of people. India in its legal structure has very tough laws to deal with such offenses. It is thus important for the general public to appreciate those legal provisions as to enable them know their rights as well as the implications of such acts. In this article, we will discuss how the Bhartiya Nayay Sahita (BNS), replacing the Indian Penal Code (IPC), handles attempted murder and the penalties associated with this crime.
What Constitutes Attempt to Murder?
Under the Bhartiya Nayay Sahita, ‘attempt to murder’ is defined in a manner consistent with earlier legal principles, though with refined language and updated penalties, It is an act committed with the intent to kill another person, attempt to murder involves the following elements:
- Intention to Kill: The accused must have intent to cause the death of the victim, the accused’s mind must be directed to the death of the victim.
- Overt Act: The situation must escalate to the extent as required in attempting to commit the murder for its applicability. It is clear therefore that mere preparation or planning without follow through is not an attempt.
- Failure to Commit Murder: It does not lead to the death of the victim unlike the act of murder.
Bhartiya Nayay Sahita: Attempt to Murder Section
Though the Indian Penal Code had its set of laws to address the legal issues pertaining to attempted murder, the Bhartiya Nayay Sahita (BNS) comes with a new set of terms and penalties which are designed considering the challenges in today’s world. The relevant section under BNS for attempt to murder is:
Section 101: Attempt to Murder
This section is dedicated solely to the crime of attempt to murder continuing with the principles of IPC but with clearly defined provisions and rationalized punishments.
Provision: The law of BNS has Section 101 which defines that anyone who attempts to commit a murder, with intent or with his knowledge that if he proceeded with his actions then he would kill another person, would be charged with the crime of attempting to commit murder.
Punishment: The punishment for attempted murder as stipulated by BNS Section 101 is similar to the punishment given under the old IPC Section 307. It may range from life imprisonment and imprisonment not exceeding a period of ten years. This is especially when the act is atrocious of the circumstances surrounding it; there may be fines charged as well.
Factors Considered by Courts
The judiciary considers several factors while determining the punishment for attempt to murder under Section 307 of the IPC:
Severity of the Act: The seriousness of the offense, in terms of the level of damage inflicted on the victim.
Intention and Motive: With regard to the actus reus, common intent to kill or the capacity to make enquiries on the motive behind the act was clear.
Weapon Used: The type of weapon used can be a factor in determining the severity of the offense.
Circumstances: The manner in which the act was done for example if the act was done in the heat of the moment, planned and executed carefully.
Comparison with Bharatiya Nyay Sahita (BNS)
The Bharatiya Nyay Sahita (BNS) was proposed to replace the Indian Penal Code (IPC) in future as the Indian criminal justice system is in the process of modernization. The BNS is an improvement to the original model of justice by bringing some changes and enhancing a number of areas that may not be so relevant today thanks to the shifts in the society especially in the area of attempted murder offense. Here’s a comparison of how the BNS intends to deal with the offense of attempt to murder in relation to the existing provisions under the IPC.
1. Legal Definitions and Language: The IPC (307) defines an attempt to murder by the intent embraced and the act performed which, if the attempt succeeds, amounts to murder. The BNS (the proposed Section 101) seeks to refine this definition to the extent and spirit of the current legal practice. It has developed a ‘legal’ language for use in BNS which decreases the number of ambiguous terms, imperatives for uniform enforcement of the law.
2. Punishments and Sentencing: Attempt to murder attracts imprisonment for a period of not less than six years but up to ten years or life imprisonment or a fine in IPC. In instances where the act results in causing harm, the punishment is as much as a life imprisonment. It is predicted that the BNS will maintain the same level of sentencing tariffs, but it will present new, somewhat more systematized sentencing factors, which will give more straightforward guidance in accordance with the extreme severity of the crime or the respective circumstances.
3. Extension of Modernisation and the Addition of New Criminal Activities: There is a lack of specificity in IPC with regards to modern day criminal activities such as those embracing computers. The BNS is intended to include provisions for modern situations, given that the law must remain practical and functional in regard to modern types of crime.
4. Victims Protection and Reciprocity with Other Legislation: The protection of the victim has been an issue from years that is where Bharatiya Nyay Sahita aims to bring reforms for so-called victim rights, the BNS would presumably contain more extensive codification both on compensation of and assistance to the victims of crime. The BNS also expects to work in conjunction with more distinguishable procedural codes and stringent requirements for substantiation in a less congested court.
The BNS aims to refine, clarify, and modernize the provisions related to attempted murder, ensuring the law meets contemporary needs.
Case Studies: Now in order to understand how court interpret, apply and use law in case of attempted murder case, let us have look at some of the landmark cases
State of Maharashtra vs. Balram Bama Patil (1983): In this case the honorable Supreme Court of India was keen in looking at the intention of the act and likelihood of causing death from the committed act. The court was of the opinion that even if the act did not lead to death or grievous bodily harm, where there is an intention to kill along with a voluntary act towards it is enough to qualify for a conviction under Section 307.
Mohan vs. State (1997): In this case it was crucial to realize the fact that mere preparation can not be considered as an attempt to murder. It is necessary to do something more than prepare for the crime to qualify as an attempt to murder according to UK law.
The Role of Forensic Evidence: The Attention and the planning of an attempt to murder are therefore very vital in forensic excellences. This may include:
Medical Reports: A medical report is also decisive in the determination of whether the inflicted losses were relatively mild, severe or fatal.
Weapon Analysis: This type of analysis helps in understanding how ‘lethal’ the weapon used in the crime was, in its destructive capacity.
Scene Investigation: Scene Investigation helps the prosecutor to strengthen his/her case by introducing the witness or other element that can show that it was a premeditated act.
Legal Remedies for Victims:
While perpetrators of attempted murder are subject to legal consequences, victims also have recourse to the justice system. The legal process typically involves the following steps.
Filing a First Information Report (FIR): The FIR can only be lodged by the victim or their legal heirs In the case of first information report.
Court Proceedings: The case will be in a court of law where both sides of the case will produce their side of the story.
Compensation: The victim can also sue for damages from the state or the alleged culprit depending on the gravity of the offense committed and the extent of the impact to the life of the victim.
The Role of Legal Awareness
It is important for anyone who may be at risk of being a victim of attempted murder as well as the general public to know the relevant laws. Knowledge of these laws assists people to safeguard them, and get justice if you are a victim of such cruel acts. It also serves as a discouragement for anyone who would wish to undertake such actions as they have legal repercussions which are severe.
Conclusion
Attempted murder is completely unlawful and is a severe crime where the penal code of India and the newly proposed Bharatiya Nyay Sahita comes with very stringent legal provisions. The laws are intended to safeguard people’s life, in case someone wishes to harm them and to make sure that the offenders are apprehended. Knowledge on these laws should therefore be communicated effectively to the public so that people would be aware of what the laws state, when they are violated and the general safety of society is increased.
With the introduction of the Bhartiya Nayay Sahita, staying informed about any changes to the legal provisions governing attempted murder is essential. Whether under the Indian Penal Code or the new BNS framework, the fundamental objective remains steadfast: to unequivocally deter individuals from attempting to take another person’s life and to ensure the rigorous enforcement of justice. The legal system’s evolution continues to prioritize the protection of life and the accountability of those who threaten it.
FAQs
What is the BNS law related to murder?
The Bharatiya Nyay Sahita (BNS) proposes to modernize the legal framework for attempted murder, similar to Section 307 of the Indian Penal Code (IPC). It retains the focus on intent and the act that could lead to murder, with updated language and clearer definitions. The BNS also aims to provide structured sentencing guidelines, addressing modern criminal scenarios, and enhancing victim rights, ensuring that the law is more precise and applicable to contemporary societal needs.
Will the punishments for attempted murder change under the BNS?
The BNS is expected to maintain similar punishments as under the IPC but may provide more detailed sentencing guidelines. These guidelines will consider the severity of the offense, the intent behind the act, and the circumstances, offering clearer guidance for judges.
