CrPC Section 307
Section 307 of the Criminal Procedure Code (CrPC), 1973 (India):
Section 307 – Power to try offenses of attempt to commit offenses
What it states:
A Magistrate of the first class has the authority to try an offense of attempting to commit any offense punishable with imprisonment for life or imprisonment for a term not exceeding seven years.
However, if the offense attempted is punishable with death, life imprisonment, or imprisonment exceeding seven years, then the case must be sent to the Sessions Court for trial.
Purpose:
To streamline trial jurisdiction so that serious attempt offenses (like attempted murder) are tried by Sessions Courts.
Less serious attempts (with penalties up to 7 years) can be handled by First Class Magistrates.
In summary:
| Nature of Attempted Offense | Trial Court |
|---|---|
| Punishable with death or life imprisonment, or imprisonment >7 years | Sessions Court |
| Punishable with imprisonment ≤7 years | First Class Magistrate |
Example:
Attempted murder (punishable with life or death penalty) → Trial by Sessions Court.
Attempted theft or attempt to cause hurt (with penalties ≤7 years) → Trial by First Class Magistrate.
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