Person convicted of attempted murder cannot be jailed beyond 10 years: Indian Supreme Court

The Indian Supreme Court said on Monday (July 22) that a person convicted of attempted murder cannot be sentenced to rigorous imprisonment exceeding 10 years unless the punishment is imprisonment for life.

According to a report by the Hindustan Times, clarifying a significant point of law regarding the sentencing under Section 307 of the Indian Penal Code (IPC), a bench of Justices CT Ravikumar and Rajesh Bindal highlighted thelegislature’s intention and mandated the adherence to the prescribed maximum sentence for attempted murder cases under the first part of the section.

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A look at first part of Section 307

The first part of Section 307prescribes punishment with imprisonment of either description for a term which may extend to 10 years and also to pay a fine. On Monday, the Supreme Court bench said, "We have already noted that the maximum imprisonment permissible under the first part of Section 307, IPC, is “imprisonment of either description for a term which may not extend to 10 years and also fine.”

"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 concerned thought it fit not to impose imprisonment for life, the punishment to be handed down to the convict concerned in any circumstance cannot exceed the punishment prescribed under the first part of Section 307, IPC," the bench added.

Hindustan Times reported that this interpretation firmly restricts courtsfrom imposing a sentence exceeding ten years unless the convict is sentenced to imprisonment for life.

The second part of Section 307

The second part of the section addresses situations where the victim suffers hurt, and the convict underthis part can be sentenced to undergo imprisonment for life.

"The parties are at issue only on the expression in the second part or to such punishment as is hereinbefore mentioned," the bench said on Monday.

(With inputs from agencies)