Individuals convicted of attempted murder cannot serve beyond ten years in jail: SC

In a significant legal ruling, the Supreme Court of India has clarified the sentencing guidelines for attempted murder cases. The court ruled that a person convicted of attempted murder cannot be sentenced to rigorous imprisonment exceeding ten years unless the punishment is life imprisonment.

Attempted murder cases often involve complex legal considerations, and the court’s recent ruling aims to provide clear guidelines for such offenses.

The court highlighted that punishment must fit the crime. It underscored the principle of proportionality in sentencing, emphasizing that Section 307, IPC, inherently adheres to this concept by specifying punishments for different circumstances.

Attempt to commit murder remains an offense under Section 109 of the Bharatiya Nyaya Sanhita (BNS).

Two Parts of Section 307, IPC

The court emphasized the legislature’s intention regarding sentencing under Section 307, IPC. The section is divided into two parts. The first part deals with attempts to commit murder. The second part addresses situations where the victim suffers harm due to the attempted act.

In Section 307, the first part states that the maximum sentence is ten years’ imprisonment, while the second part says that life imprisonment is required if the victim sustains injuries.

When the legislature sets a maximum sentence, such as in the first part of Section 307, courts must follow it. If a court convicts an accused but chooses not to impose life imprisonment, the punishment cannot exceed the specified maximum from the first part, which is ten years in jail.

The court’s interpretation sets clear boundaries for sentencing in attempted murder cases. If the convict falls under the second part of Section 307 (victim sustains injuries), the only permissible punishment, apart from life imprisonment, is what the first part prescribes (up to ten years in jail and a fine).

The clarification came during an appeal by two convicts sentenced to 14 years in jail for attempted murder. Haryana’s additional advocate general argued for the longer sentence, but the court held that if life imprisonment is disproportionate, the maximum permissible punishment reverts to what is prescribed under the first part of Section 307, IPC (ten years in jail).

This ruling reinforces legislative intent and ensures that sentencing aligns with the severity of the offense. Attempted murder cases will now be subject to clearer guidelines, promoting fairness and consistency in the criminal justice system.

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