A, a woman administers `dhatura’ (a type of poison) to her father-in-law B and mother-in-law C but she had no intention to kill B and C. As a result of administration of `dhatura’ B and C suffered serious bodily…

By | July 21, 2021
ipc mains

Question: A, a woman administers `dhatura’ (a type of poison) to her father-in-law B and mother-in-law C but she had no intention to kill B and C. As a result of administration of `dhatura’ B and C suffered serious bodily pain resulting in vomiting, etc. but did not die. Is A guilty of ‘attempt to murder’ B and C under Section 307, I.P.C.? Give reasons and also refer to case law, if any, on the point.

Find the answer to the mains question only on Legal Bites [A, a woman administers `dhatura’ (a type of poison) to her father-in-law B and mother-in-law C but she had no intention to kill B and C. As a result of administration of `dhatura’ B and C suffered serious bodily…]

Answer

A is not guilty of the attempt to murder of B and C under Section 307, IPC.

The words ‘such intention’ found in S. 307, refer to the intention referred to in s 300. It means (i) intention to cause death; (ii) intention to cause such bodily injury, which the offender knows is likely to cause death; (iii) intention to cause such bodily injury, which is sufficient in the ordinary course of nature to cause death.

Thus, the intention to cause death is the essence of the offense of an attempt to murder. The intention is something that precedes the actual attempt. It has to be proved independently of the act or the actus reus. If the intention is not proved, then the accused cannot be convicted under this section.

The word ‘intention’ and the term ‘knowledge’ used in Section 307, IPC, refer to knowledge as found in Section 300, cl (4). The term ‘knowledge’ refers to the ‘knowledge of the offender that the act done by him is so imminently dangerous that it must in all probability cause death or such bodily injury, as is likely to cause death.

In the present case at hand, A had no knowledge or intention that her act of administration of dhatura (a type of poison) to B and C will cause their death. Since mens rea is absent in case A is not guilty of attempt to murder of B and C under Section 307, IPC.


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