The literal meaning of the word ‘murder‘ is secret killing which was derived from the Germanic word ‘mortna‘. In India, Murder is defined under Section 300 of Indian Penal code which states that culpable homicide is murder if –
- The act caused death of the deceased was intentional
- Intentional body injury was given by which death of the person is likely to be caused.
- Inflicted bodily injury is sufficient to cause death in ordinary course of natural
- Act was so imminently dangerous that it would cause death or the injury is likely to cause death.
However, five exceptions are mentioned in the aforementioned section and the offence is punishable under Section 302 of Indian Penal Code.
Murder under English law
Under English law, murder is not defined traditionally expressed as an act of a person of sound mind, intentionally kills another human with malice intention either expressed or implied and under King’s peace. However, under Indian law, murder is defined by the legislation.
Attempt to murder
Section 307 of Indian Penal Code
In another word, we can conclude the essential requisite of the aforesaid section –
- Attempt by the accused
- Intention or knowledge
- His act will cause death & would be guilty of murder
- Imprisonment for a term which may extend to 10 years along with fine.
- If hurt caused – life imprisonment or imprisonment for a term which may extend to 10 years along with fine.
- If the accused was already a life convict then he may be punished with death penalty.
Under this section, the burden of proof is on prosecution and he has to prove physical elements (actus reus) and mental elements (mens rea)