(With Example of IPC 307 – Attempt to Murder)

Filing of Complaint / FIR (Section 154 CrPC / BNSS 2023)

• Victim or complainant gives information to police.
• Police must register FIR if cognizable offence (IPC 307 is cognizable & non-bailable).

✔ Example (IPC 307):
Victim’s brother files FIR: “Accused attacked with a knife intending to kill.”

Police Investigation (Section 156–173 CrPC/BNSS)

Police conducts:

• Spot inspection
• Collects evidence
• Records witness statements (161 CrPC)
• Collects medical report (MLC), weapon, CCTV, etc.

✔ Example:
Police recovers the knife, collects CCTV video of stabbing attempt, records witnesses.

Arrest of the Accused (Section 41 CrPC/BNSS)

Police may arrest without warrant because IPC 307 is cognizable.

✔ Example:
Police arrest the accused the same night.

Remand Hearing – Police Custody or Judicial Custody

Accused must be produced before court within 24 hours.
Court decides:

• Police custody (PC)
• Judicial custody (JC)
• Bail (rare in 307)

✔ Example:
Court grants 2 days police custody for recovery of weapon.

Filing of Charge Sheet (Section 173 CrPC/BNSS)

After investigation, police files:

• Charge sheet
• Accused details
• Evidence list
• Witness list
• FSL/MLC reports

✔ Example:
Charge sheet filed under IPC 307 + 34 (if multiple persons).

Framing of Charges (Section 228 CrPC/BNSS)

Judge checks evidence & decides sections.

✔ Example:
Judge frames charge:
➡ “You attempted to kill the victim by stabbing—offence under IPC 307.”

Accused says: “Not guilty” → Trial starts.

Prosecution Evidence (PW1, PW2, PW3…)

Public Prosecutor brings witnesses:

• Eye-witness
• Victim (injured witness)
• Doctors (MLC)
• Police officers
• Forensic experts

Accused gets right to cross-examine.

✔ Example:
Victim testifies: “Accused stabbed me in chest with intention to kill.”

Statement of Accused (Section 313 CrPC/BNSS)

Court asks questions:

• Why witnesses said this against you?
• What do you want to say?

Accused gives written statement. No oath required.

✔ Example:
Accused says: “I acted in self-defense.”

Defence Evidence (If any)

Accused can bring his own witnesses, alibi proof, medical record, CCTV, etc.
(This stage is optional.)

✔ Example:
Accused shows medical record saying he also had injuries.

Final Arguments

Both sides argue:

• Prosecution: Intention to kill + weapon + injuries prove IPC 307.
• Defence: No intention to kill / false implication / no recovery.

Judgment (Acquittal or Conviction)

Court evaluates:

• Intention
• Weapon used
• Body part targeted
• Medical evidence

✔ Example:
Court convicts the accused under IPC 307.

Or
Court acquits if intention to kill not proved.

Sentence / Punishment Hearing

If convicted, court hears aggravating/mitigating factors.

IPC 307 Punishment:

• Up to 10 years or life imprisonment
  • Fine
• If injury caused: punishment increases

✔ Example:
Court sentences accused to 7 years RI + ₹20,000 fine.

Appeals

Convict can appeal in High Court.

SUMMARY FLOWCHART

FIR → Investigation → Arrest → Custody → Charge Sheet → Charges → Prosecution Evidence → Accused Statement → Defence Evidence → Arguments → Judgment → Sentencing → Appeal

Landmark Judgments – IPC 307

1. State of M.P. v. Kanha (2019 SC)

Intent to kill can be inferred from weapon, injury location, severity.

2. R. Prakash v. State of Karnataka (2004 SC)

Even if injuries are simple, intention to kill = IPC 307.

3. Liyakat Mian v. State of Bihar (1973 SC)

Pre-meditation, motive, weapon = important factors for IPC 307.