The term “half murder” is commonly used in India to describe a serious criminal act where an attempt is made to kill someone, but death does not occur. Although “half murder” is not a legally defined term under Indian law, sometimes it is used by the public to refer to cases registered under Section 307 of the Indian Penal Code (IPC) — Attempt to Murder.
What Is Half Murder Section in IPC?
In legal terms, half murder means an attempt to commit murder where the accused had the intention or knowledge that their act could cause death, but the victim survives.
Under Indian law:
- There is no separate section called “half murder”
- Such cases are booked under Section 307 IPC – Attempt to Murder
The focus is not on the injury alone, but on the intention and severity of the act.
Punishment for Half Murder Under IPC Section
Section 307 IPC Punishment
The punishment for half murder under IPC depends on the nature of the act and the harm caused:
- Imprisonment up to 10 years, and
- Fine, or
- Both imprisonment and fine
If Hurt Is Caused
If the victim suffers grievous injury, the punishment can extend to:
- Life imprisonment, or
- Up to 10 years imprisonment + fine
If the Accused Is a Life Convict
If a person already serving a life sentence commits an attempt to murder:
- Punishment may extend to death penalty, or
- Life imprisonment
Key Ingredients of Section 307 IPC
For a case to be proved under Section 307 (half murder), the prosecution must establish:
- Intention or knowledge to cause death
- Act done towards committing murder
- Nature of weapon used (knife, gun, acid, etc.)
- Severity and location of injuries
- Circumstances of the attack
Even if no injury is caused, Section 307 can still apply if the intention to kill is clear.
Difference Between Half Murder and Grievous Hurt
Many people confuse Section 307 (Attempt to Murder) with Section 325 or 326 IPC (Grievous Hurt).
| Basis | Section 307 (Half Murder) | Grievous Hurt |
|---|---|---|
| Intention | Intention to kill | No intention to kill |
| Severity | Act likely to cause death | Serious injury but not fatal |
| Punishment | Up to life imprisonment | Lesser punishment |
Courts decide based on intention, not just injury.
Is Half Murder a Bailable Offence?
- Non-bailable offence
- Cognizable offence (police can arrest without warrant)
- Triable by Sessions Court
Bail is granted only at the discretion of the court, depending on facts and evidence.
Important Supreme Court Judgments on Section 307 IPC
Indian courts have repeatedly held that:
- Nature of weapon used
- Targeted body part
- Force of attack
are crucial in deciding half murder cases.
The Supreme Court has clarified that even a single blow can amount to attempt to murder if the intention to kill is evident.
Examples of Half Murder Cases
Common scenarios where Section 307 IPC is applied:
- Firing a gun but victim survives
- Stabbing in chest or abdomen
- Acid attack with intent to kill
- Repeated blows with deadly weapons
- Attempted strangulation
Frequently Asked Questions (FAQs)
Q1. Is half murder a legal term in IPC?
No, half murder is not a legal term. It is commonly used to refer to Section 307 IPC.
Q2. What is the minimum punishment for half murder?
There is no fixed minimum, but punishment can extend up to 10 years or life imprisonment.
Q3. Can compromise quash a half murder case?
Generally no, as it is a serious offence, but courts may consider facts in rare cases.