New Delhi: The Supreme Court has set clear rules for sentencing attempted murder cases, following the original intention of the law and ensuring fair punishments. SC decided that someone found guilty of attempted murder cant be jailed for more than 10 years unless the sentence is life imprisonment.SC provides clear direction on Section 307 sentencingSC has cleared up an important question about sentencing for attempted murder under Section 307 of the Indian Penal Code. Justices CT Ravikumar and Rajesh Bindal emphasized the lawmakers original intention and made it clear that the maximum sentence for attempted murder cases under this section cannot be exceeded unless specified otherwise.The court noted that the law clearly states the punishment for attempted murder. According to Section 307 of the Indian Penal Code, attempted murder carries a maximum sentence of 10 years in prison, unless the victim is injured, in which case the sentence can be life imprisonment.SC: Life imprisonment only exception to 10-year sentence“When in unambiguous terms the legislature prescribed the maximum corporeal sentence imposable for the conviction under Section 307, IPC, under the first part and when the court concerned upon convicting the accused thought it fit not to impose imprisonment for life, the punishment to be handed down to the convict in any circumstance cannot exceed the punishment prescribed under the first part of Section 307, IPC.” determined the bench.This ruling strictly limits courts from sentencing attempted murder convicts to more than 10 years in prison, unless they receive a life imprisonment sentence. Interestingly, the new Bharatiya Nyaya Sanhita (BNS) law, effective July 1, still considers attempted murder a crime with the same provisions under Section 109. The court further emphasized that if the convict under Section 307, IPC (second part) doesnt receive a life sentence, the only alternative punishment is the one specified in the first part - a prison term of up to 10 years and a fine.Section 307 of the Indian Penal Code (IPC) outlines the punishment for attempted murder, split into two categories. The first category covers attempts to commit murder, punishable by up to 10 years in prison and a fine. The second category applies when the victim is injured, making the convict eligible for life imprisonment or the same punishment as the first category.Court stresses sentence must match offense“A perusal of Section 307, IPC, would make it clear that it really imbibes the true spirit of the maxim culpae poena per esto – means let the punishment be proportionate to the offense let the punishment fit the crime,” marked by court. After analyzing Section 307, IPC, the court determined that the second part of the section does not permit a sentence exceeding 10 years in prison, as specified in the first part, unless the sentence is life imprisonment.
