On Monday, the Supreme Court held that a person convicted of attempted murder cannot be sentenced to more than 10 years of rigorous imprisonment unless life imprisonment is mandated. This clarification pertains to the sentencing under Section 307 of the Indian Penal Code (IPC).
A bench of Justices CT Ravikumar and Rajesh Bindal emphasized that the legislature’s intent is clear in prescribing a maximum sentence of ten years for attempted murder under the first part of Section 307, IPC. The second part, however, provides for a life term if the attempt causes injury to the victim.
The court stated, “When the legislature has unambiguously prescribed the maximum sentence under the first part of Section 307, IPC, and the court does not impose life imprisonment, the sentence cannot exceed ten years.”
This interpretation restricts courts from imposing sentences beyond ten years unless life imprisonment is warranted. Attempted murder remains an offense under Section 109 of the Bharatiya Nyaya Sanhita (BNS), effective from July 1, with similar provisions.
The court further noted that under the second part of Section 307, IPC, if life imprisonment is not imposed, the only other permissible punishment is as specified under the first part – up to 10 years and a fine.
Section 307, IPC, prescribes up to ten years’ imprisonment and a fine for attempted murder. If the attempt causes injury, the punishment can extend to life imprisonment or the sentence mentioned in the first part.
The bench highlighted the principle of proportionality in sentencing, stressing that Section 307, IPC, adheres to the maxim “culpae poena per esto” – let the punishment fit the crime.
The court’s clarification came during an appeal by two convicts sentenced to 14 years in an attempted murder case. Haryana’s additional advocate general Neeraj and advocate Piyush Beriwal argued for the 14-year sentence based on the severity of the injury. However, the court ruled that if life imprisonment is disproportionate, the maximum sentence reverts to ten years, as prescribed under the first part of Section 307, IPC.
This ruling reinforces the legislative intent and the principle of proportionality, establishing clear guidelines for sentencing in attempted murder cases.
