Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to [imprisonment for life], or to such punishment as is hereinbefore mentioned.
Attempts by life-convicts.-[When any person offending under this section is under sentence of [imprisonment for life], he may, if hurt is caused, be punished with death.
Attempt to commit an offence, therefore, can be said to begin when the preparations are complete and the culprit commences to do something with the intention of committing the offence, and which is a step towards the commission of the offence. The moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence.
The essentials for criminal attempt are:
i) An existence of an intention on the part of the accused to commit a particular offence;
ii) Some steps taken towards it after completion of preparation;
iii) The step must be apparently though not necessarily adapted to the purpose designed;
iv) It must come dangerously near to success;
v) It must fall short of completion of the ultimate design.
An attempt in order to be criminal need not be the penultimate act. It is sufficient in law if there is present an intent coupled with some overt act in execution thereof. For purposes of criminal liability, it is sufficient if the attempt had gone so far that the crime would have been completed but for extraneous intervention which frustrated its consummation.
Section 307 deals with the offence of attempt to commit murder. In order to constitute an offence under Section 307, two elements are essential. First the intention of knowledge to commit murder. Secondly, the actual act of trying to commit the murder. It must have both the necessary mens rea and actus reus. Punishment shall be for a term which can extend to 10 years, and also liable for fine, if the person causes hurt then punishment shall be imprisonment for life. The second part of Section 307, prescribes death sentence to a life convict for attempt to bodily injury capable of causing death and in that process causing hurt to such person