What Constitutes Attempted Murder? A Legal Breakdown

Under Section 109 of the Bharatiya Nyay Sanhita,2023  covers "attempt to murder," where an individual performs an act with the intention or knowledge that it is likely to cause death, even if death does not occur.

Intention to Kill: The accused must show clear intent to kill or knowledge that their actions could cause death, not just harm.

Punishment:

• Imprisonment up to 10 years, which may extend to life imprisonment.

• Fines may be imposed along with imprisonment.

• If harm is caused, life imprisonment is a possible punishment.

Factors Influencing Punishment:

• Use of Deadly Weapons: Use of lethal force or assault on vital body parts.

• Targeted Body Parts: Injury to critical areas like the heart or head shows intent to kill.

• Previous Convictions: A criminal history, especially violent crimes, can impact sentencing.

Stages of Crime:

• Intention: The individual must have the intention to kill.

• Preparation: Steps taken to commit the murder.

Procedure after the incident:

Trial Procedure:

• Call the police or file an FIR initiates the investigation.

• The police investigate, gather evidence, and submit a charge sheet.

• The magistrate frames charges, and the accused pleads guilty or not.

• The prosecution and defence present evidence.

• Witnesses are cross-examined, followed by closing arguments.

• The court gives its verdict and determines the sentence if guilty.